JOURI\ AL
CDS'
SOMMOIT-^EALTH OP KSNTUOKY.
BEGUN AND HELD IN THE TOWN OP FRANKFORT, ON MONDAY, THE TIIIBD
PAY OP DECEMBER, IN THE Y"EAR OF OUR LORD 1S32, AND OP
THE COJLMONWEALTH THE FORTY-FIRST.
FRANKFORT;
ALBERT G. HODGES, Printer for the State.
At a General Assembly, begun and held for the Commonwealth
of Kentucky, at the Capitol, in the town of Frankfort, on Monday,
the third day of December, A. D. 1832, and the 41st year of the
Commonwealth.
On which day, (being that appointed by law for the meeting of
of the General Assembly,) the following members of the House of
Representatives appeared, viz:
From the county of Adair, Francis Montgomery; from the coun¬
ty of Allen, Walter Thomas; from the county of Anderson, Da¬
vid AVhite; from the countyof Bourbon, Jesse Kennedy and Rob¬
ert Matson; from the county of Bracken, Buckner S. Morris; from
the county of Bullitt, Nathaniel P. Sanders; from the county of
Bath, Thomas J. Young; from the county of Barren, Franklin
Gorin and William B. Cooke; from the counties of Breckenridge
and Hancock, Jefferson Jennings; from the county of Boone, John
P. Gaines; from the county of Campbell, William W. Southgate
and Horatio T. Harris; from the county of Caldwell, Enoch
Prince; from the county of Cumberland, Ambrose Bramlett; from
the county of Christian, Gustavus A. Henry and John Pendleton;
from the county of Clarke, James Simpson and Robert Wickliffe,
Jr.; from the counties of Clay and Harlan, John Bates; from the
counties of Calloway and McCracken, John L. Murray; from the
county of Casey, George C. Riffe; from the county of Daviess,
Richard Lockhart; from the counties of Estill and Perry, Joseph
Scrivncr; from the county of Fleming, Daniel S. Morgan and
Abraham Megowan; from the county of Franklin, John J. Crit- ;
tenden; from the county of I^ayette, Aaron K. Mfoolley, Henry /
E. Innis, and John R. Dunlap; from the counties of Floyd and '
Pike, Samuel May; from the county of Greene, James Allen;
from the county of Greenup, Samuel Seaton; from the county of
Gallatin, Samuel S. English; from the cohnties of Graves and
Hickman, Samuel P. McFall; from the counties of Grant and
Pendleton, Samuel T. Hauser; from the county of Grayson,
Thomas M. Yates; from the county of Harrison, John Williams
and Joseph Patterson; from the counties of Hardin and Meade,
Thomas Chilton, John Y. Hill, and John S. Cully; from the coun-
HOUSE OF REPRESEJ\TATITE1S.
OF THE
)-
JOURNAL OU THE
ty of Hart, Benjamin Copeland; from the county of Hopkins,
Francis Jett; from the county of Henderson, James Bell; from
the county of Henry, William Smith and Elijah F. Nuttall; from
the county of Jefferson, Henry Churchill; from the City of I,ou-
isville, Charles M. Thruston and James Rudd; from the county
of Jessamine, George W. Brown; from the counties of Knox and
Whitley, Henry Tuggle; from the county of IJncoln, John Green
and David Shanks; from the county of Lewis, Chauncey B. Shep¬
herd; from the county of Livingston, Joseph Hughes; from the
county of Logan, Ephraim iM. Ewing and David T. Smith; from
the counties of Laurel and Rockcastle, Elisha Smith; from the
county of Mason, Richard H. Lee, Thomas J. Pickett, and David
Morris; from the county of Monroe, Radford Maxey; fi'om tlie
county of Mercer, Robert B. McAfee and Drcd Bowling; from
the county of Madison, John White and Joseph Collins; from the
county of Montgomery, Benjamin F. Thomas and Josiah Davis;
from the county of Muhlenburgh, David Short; from the county
of Nelson, Stanly Young; from the county of Nicholas, Samuel
Fulton; from the county of Oldham, Jack Pryor; from the coun¬
ty of Ohio, Elijah Crow; from the county of Owen, Benjamin
Hayden; from the county of Pulaski, Ephraim C. Faris; from the
county of Shelby, George W. Johnston and Percival Butler; from
the county of Scott, Job Stevenson and William Johnson; from
the county of Simpson, James W. Davidson; from the county of
Spencer, Stilwell Heady; from the county of Trigg, James E.
Thompson; from the county of Todd, Squire IL Boone; from the
county of Union, Joseph R. Delaney; from the county of War¬
ren, Robert W. Lucas and Euclid M. Covington; from the coun¬
ty of Washington, Jesse Abel, James McDonald and AVilliam Oz-
born; and from the county of Wayne, Sherrod Williams.
Who, constituting a quorum, and having taken the several oaths
required by the constitution of the United States and the consti¬
tution and laws of this state, repaired to their seats.
Mr. John J. Crittenden was unanimously elected Speaker of
the House during the present session, and conducted to the chair;
from whence he recommended the observance and preservation of
good order and decorum.
Mr. Robert S. Todd was unanintously elected clerk; and Mr.
Joseph Gray, Sergeant at Arms.
Mr. B. P'. Thomas nominated Mr. William B. Holernaii as a
pi-oper person to fill the office of Door-keeper; Mr-. White nonV
inated Mr. George A.» Robertson; and Mi’. Stevenson nominated
Mr. Ambrose Wickersham; and after taking a vote between the
candidates on nomination, a majority having appeared in favor of
Mr. William B. Holeman,he was thereupon declared duly elected.
oflicei'ri, and a readiness on their part to proceed to the despatch
of public business.
Ordered, That a message be sent to the Senate, informing tliut
body, that this house having met, foritied a quorum, and elected
its officers, is now ready to proceed to legislative business, and that
the clerk carry the said message.
Mr. Williams, of Wayne, moved the following resolution:
Resolved, That this house will now proceed to the election of
an Assistant Clerk.
Which being twice read, was adopted.
Whereupon, Mr. J. Allen nominated Mr. Gabriel I. Johnson
as a proper person to fill that otiice; Mr. Henry nominated Mr.
Alexander R. Macey; IMr. Chilton nominated Mr. George P.
Brown; and Mr. Jet'. Jennings nominated Mr. John C. Herndon.
And after taking a vote between the candidates, il stood thus:
For Mr. Johxsox —Messrs. Abel, Allen, Bates, Bell, Bowling, Brain- >
lett, Churchill, Collins, Copeland, Crow, Culley, Davidson, Delaney,
Engli.sh, Fulton, Hayden, Hauser, Heady, Hughes, Jett, G. W. Johnston,
W. Johnson, Kennedy, Lockhart, McAfee, McDonald, McFall, May, D.
IMorris, Miirraj', Ozborn, Nuttall, Patterson, Prince, Sanders, Scrivner,
Shepherd, E. Smith, Stevenson, W. Thomas, J. Williams, and T. I.
Young—42.
For Mr. Macey —Messrs. Boone, Butler, Cook, Covington, Davis, Ew¬
ing, Gorin, Green, Henry, Lucas, Maxey, Megowan, Morgan, Pendle¬
ton, Pryor, Riffe, Rudd, Short, D. T. Smith, W. Smith, Thompson, Tug¬
gle, S. Williams, and S. Young—24.
For Mr. Brown —Messrs. Chilton, Hill, B. F. Thomas, Thruston, and
Yates—5.
For Mr. Herndon —Mr. Speaker, Messrs. Brown, Dunlap, Fari.=,
Gaines, Harris, Innis, Jef. Jennings, Lee, Matson, Montgomery, B. S.
Morris, Pickett, Seaton, Shank.«, Simpson, Southgate, Wickliffe, J. TOiite,
and Woolley—20.
No one on nomination having received a majority of all the
votes given, the house proceeded to take a second vote between
the candidates, which stood thus:
For Mr. Johnson —Messrs. Abel, Allen, Bell, Bowling, Bramleff,
[Churchill, Collins, Copeland, Crow, Culley, Davidson, Delaney, Eng¬
lish, Fulton, Ilaydcn, Hau.ser, Heady, Hughes, Jett, W. Johnson, Ken¬
nedy, Lockhqrt, McAfee, McDonald, IMcFall, May, Murray, Ozborn,
Nuttall, Patterson, Prince, Sanders, Scrivner, Shepherd, E. Smith, Ste¬
venson, W. Thomas, J. Williams, D. AVhite, and T. I. Young—40.
For Mr. Macey —Messrs. Bates, Boone, Butler, Cook, Covington, Da¬
vis, Dunlap, Ewing, Gorin, Green, Henry, Innis, Lucas, Maxey, Me-
Dec. 3.] HOUSE OF RF.PRE8ENTATIVES.
u
JOURNAL OF THE
[Duo. 3.
gowan, Morgan, Pendleton, Pryor, Rifle, Rudd, Short, D. T. Smith,
Thompson, Thruston, Tuggle, S. Williams, Woolley, and S. Young—28.
For Mr. Brows— Messrs. Chilton, Hill,B. F. Thomas, and Yates—4.
For Mr. Hbrsdos— Mr. Speaker, Messrs. Brown, Faris, Gaines,
Harris, Jef. Jennings, G. W. Johnston, Lee, Matson, Montgomery, B. S.
Morris, D. Morris, Pickett, Seaton, Shanks, Simpson, W. Smith, South- \
gate, Wicklifl’e, and J. W’hite—20.
No one having yet obtained a majority of all the votes, the
house proceeded to take a third vote, (Mr. Brown having been
withdrawn from the nomination,) when it stood thus:
For Mr. Johnson —Messrs. Abel, Allen, Bell, Bowling, Churchill,
Copeland, Crow, Culley, Davidson, Delaney, English, Fulton, Hayden,
Hauser, Heady, Hughes, Jett, W. Johnson, Lockhart, McAfee, McDon¬
ald, McFall, May, Murray, Ozborn, Nuttall, Prince, Sanders, Shepherd,
E. Smith, Stevenson, W. Thomas, J. Williams, D. White, and T. I.
Young—37.
For Mr. ALicey —Mr. Speaker, Bates, Boone, Butler, Chilton, Col¬
lins, Cook, Covington, Davis, Dunlap, Ewing, Faris, Gaines, Gorin,
Green, Harris, Henry, Hill, Innis, G. W. Johnston, Lee, Lucas, Matson,
Ma.xey, Megowan, Morgan, B. S. Morris, D. Morris, Pendleton, Pickett,
Pryor, Rifle, Rudd, Scrivner, Seaton, Shanks, Short, Simpson, D. T.
Smith, W. Smith, Southgate, B. F. Thomas, Thompson, Thruston, Tug¬
gle, Wickliffe, S. Williams, Woolley, Yates, and S. Young—50.
For Mr. Herndon —Messrs. Bramlett, Brown, Jef. Jennings, Kennedy.
Montgomery, and J. White—6.
Whereupon, Mr. A. R. Macey (having received a majority of
all the votes given,) was declared duly elected.
A message from the Senate by Mr. Wingate:
jMr. Speaker —The Senate have appointed a committee on their
part, to act in conjunction with a committee to be appointed on
the part of this house, to wait on the Governor, and inform him
that the General Assembly have convened, and are now read}' to
receive any communication he may think proper to make.
And then he withdrew^
Whereupon, Messrs. D. White, J. Allen, Chilton, and McAfee,
were appointed a committee on the part of this house.
Ordered, That Mr. White inform the Senate thereof.
Ordered, That the rules of the last be adopted as those of the
present session; and that the Public Printer forthwith print 150
copies thereof, for the use of the members of this house.
Mr. White, from the joint committee appointed to wait on the
Governor, and inform him that the General Assembly had conven¬
ed, and were now ready to receive any communication he might
think proper to make, reported, that the committee liad discharg¬
ed the duty assigned them, and were informed by the Governor,
that he would make a written communication, by way of message,
to each house of the General Assembly, in their respective cham¬
bers, on to-morrow at 11 o’clock.
Ordered, That a committee of propositions and grievances be
appointed, and a committee was appointed, consisting of Messrs.
McAfee, W. Thomas, Megowan, Tuggle, Abel, Bates, Smith, of
Logan, Pierce, Paris, Dunlap, Collins, Murray, and Davis, and
such other members as may from time to time choose to attend;
who are to meet and adjourn from day to day, and take under
consideration all propositions and grievances w'hich may legally
come before them, and all such matters as shall from time to time
be referred to them, and report their proceedings with their opin¬
ion thereupon to the house; and said committee shall have power
to send for persons, papers, and records, for their information.
Ordered, That a committee of privileges and elections be ap¬
pointed, and a committee was appointed, consisting of Messrs. Ken
nedy, Wm. Johnson, Patterson, Copeland, Bell, Churchill, Pendle¬
ton, Ozborn, and Scrivner; who are to meet and adjourn from day
to day, and to take under consideration and examine all returns
for members returned to serve in this house during the present ses¬
sion of the General Assembly, and all questions concerning privi¬
leges and elections, and report their proceedings with their opin¬
ion thereupon to the house; and said committee shall have power
fo send for persons, papers, and records, for their information.
Ordered, That a committee of claims be appointed, and a com¬
mittee was appointed, consisting of Messrs. Butler, W. Smith,
Bramlett, Shepherd, Thompson, Gaines, Hughes, Ford, Harris,
and Meriwether; who are to meet and adjourn from day to day,
and to take under consideration all public claims, and such other
matters as may from time to time he referred to them, and report
their proceedings with their opinion thereupon to the house; and
the said committee shall have power to send for persons, papers,
and records, for their information.
Ordered, That a committee for courts of justice be appointed,
and a committee was appointed, consisting of Messrs. Ewing, S.
Williams, Thruston, Gorin, Henry, Simpson, Morris, of Bracken,
Nuttall, Lee, Davidson, Marshall, Hauser, and Covington; who
are to meet and adjourn from day to day, and to take into consid¬
eration all matters relating to courts of justice, and such other as
may from time to time be referred to them, and report their pro¬
ceedings with their opinion thereupon to the house; and the said
committee is to inspect the journal of the last session, and draw
up a statement of the matters there depending and undetermined,
and the progress made therein; also to examine what laws have
expired since the last session, and inspect such temporary laws as
Dec. 3.] HOUSE OF REPRESENTATIVES.
‘ \
will expire with this, or are near expiring, and report the same to
the house with their opinion thereupon, which of them ought to
be revived and continued; and the said committee shall have pow¬
er to send for persons, papei's, and records, for their information.
Ordered, That a committee of religion be appointed, and a com¬
mittee was appointed, consisting of Messrs. Stevenson, D. IMorris,
Patterson, Cro\’^, Short, May, Shanks, T. I. Young, and Montgom¬
ery; who are to meet and adjourn from time to time, and take in¬
to consideration all matters and things relating to religion and mo¬
rality, and such others as may from time to time he referred to
them, and report their proceedings with their opinion thereupon
to the house; and said committee shall have power to send for
persons, papers, and records, for their information.
Ordered, That a committee of ways and means be appointed,
and a committee was appointed, consisting of Messrs. J. Green,
Anderson, Henry, Boone, Cook, J. White, Jennings, of Garrard,
Jett, [.ockhart, Lucas, Maxey, S. Y^oimg, AlcFall, and Pryor; who
are to meet and adjourn tfom day to day, and take under consid¬
eration the revenue laws of this Commonwealth, and all matters
and things relating to or connected with the tiscal concerns there¬
of, and such other as may from time to time be referred to them,
and report their proceedings with their opinion thereupon to the
house; and the said committee shall have power to send for per¬
sons papers, and records, for their information.
Ordered, That a committee on internal improvements be ap¬
pointed, and a committee was appointed, consisting of Messrs.
Chilton, D. White, Jludd, Southgate, Woolley, G. W. Johnston,
Brown, Jennings, of Breckenridge, Matson, Heady, B. F. Thom¬
as, AYickliffe, and Pickett; who are to meet and adjourn from day
to day, and take under consideration all such matters and things re¬
lating to the improvement of the condition of the country by roads
and canals, and such other as may come legally before them or
be referred to them, reporting their proceedings with their opin¬
ion thereupon to the house; and said committee shall have power
to send for persons, papers, and records, for their information.
Ordered, That a committee on education be appointed, and a
committee was appointed, consisting of Messrs. B. Harrison, Hen¬
ry, Covington, Marshall, Thruston, Woolley, Innis, l.ee, S. oung,
and English; who fire to meet and adjourn from time to time, and
take under consideration all matters and things relating to educa¬
tion and the subjects immediately connected therewith, and such
other as may from time to time be referred to them, reporting
their proceedings with their opinion thereupon to the house; and
the said committee shall nave power to send tor persons, papers,
and records, for their information.
Ordered, That a committee on military alfairs be appointed,
and a committee was appointed, consisting of Messrs. Allen, Ful-
JOUKNAL OF THE
[Dec. 3.
Dec. 4.] HOUSE OF REPRESENTATIVES, 9
ton, Ileadj, E. Smith, Hill, Rifle, Sanders, J. Williams, Yates,
Bowling, Culley, Hayden, and Delaney; wdio are to meet and ad¬
journ ti-om time to time, and take under consideration the militia
laws of tliis Commonweath, and all matters and things relating to
the militia, and such otlier as may from time to time be referred
to them, reporting their proceedings with their opinion thereupon
to the house; and the said committee shall have power to send
for persons, papers, and records, for their information.
Ordered^ That Messrs. Piince, Pickett, Innis, Morgan, John¬
ston, of Shelby, and jMcDonald, be appointed a committee of en-
lolments, on the jrart of this house; and that Mr. Prince inform
the Senate tnereof, and l ecpiest the appointment of a committee
on their part.
On motion of Mr. Simpson:
Ordered, That leave be given to bring in a bill to divide this
state into congressional districts.
And then tile house adjourned.
I TUESDAY, DECEMBER 4:.
1. The Speaker laid before the house the petition of Silas W.
Robbins, pr.aying a reimbursement of the expenditures in defend¬
ing a prosecution instituted against him to remove him from his of¬
fice of Circuit --adge, in the year 1824.
2. jlr. (.diilion presented the petition of sundry citizens of Har-
lin county, praying an appropriation of money but of the public
1 reasury, to be applied to the improvement of the navigation of
iN'olin. ^ ^
I 3. Mr, S. Williams presented the petition of Eleanor Alexan-
|Vder, the widow and guardian of the infant heirs of Smith Alexan-
i Wayne county, praying legislative authority to
-ffiellsome of the real estate of her deceased husband, for the pur-
fpose of discharging the debts of the estate.
'm presented the petition of W. Lynch, adminis-
' guardian of the infant heirs of .Tames Gibson, deceas-
|d, praying legislative authority to sell a tract of land in South ’
Carolina, to pay the debts due by the estate of said decedant.
h J. Mr. W. Johnson presented the petition of John Cook, of
Scott county, prajung a divorce from his wife Betsey, late Betsey
Dingle.
f C. Mr. Murray presented the petition of Frances Heard, pray-
uig a divorce from her husband. Win. Heard.
7. Mr, S. Young presented the petition of Cynthia Ann Lutes,
praying a divorce from her husband, MHlson B. l.utes.
. 8. Mr. Gorin presented the petition of ^Yilliam B. Cook and
JO JOURNAL OF THE
^ rvT ihn palate of Everarcl Clarke, de-
Braxton B. Courts, exccu ^ c\n\d Tjucinda C. Clarke, pray-
ceased, and guardian of part of the rea\
ing that a law ma) pass by them, in aid of the per-
estate of the decedant, of said decedant.
sonal estate, to the pajm petition of the heirs and devisees
9 Mr. Gaines pr^ented the p representing
of Lawrence Sandford, dec ? a tract of land and several
that the decedant devise j equitable division is
slave, in the -'“i'S.Cut g“ i Jelriment h 11,civ revpecUve
almost impracticable, b authorise a sale oi
interests; and praying that a j PJ;^^“ong them,
said estate, and a received, the reading thereof
Which petitions weic s jpg committee of claims;
dispensed with, and refer* ■ internal improvements; the third,
a select committee oi iviessis
Hauser. .
A message was received Iro
pointment of a committee of ei
Mr. Thomas F. Marshall, a
house from the county of Woo
member from the county oi Rui
her from the county of Green
from the counties of Butler an
from the county of Nelson; ar
her from the county of Jelter
certificates of their election, a
' enquired hy the constituuon of
tution and laws of this state, i
Mr. E. Smith moved the
Resolved, That it is expedie
Court of Appeals, so as to comoelsaul (
several sites in Kentucky, two on the J
South side of the Kentucky river.
Resolved, That the committee on the
report a bill accordingly, leaving the sr
Which being twice read, was laid
Mr. Simpson moved the following
Resolved, That a committee be appo
13
JOURNAL OF THE
[Dec. 4.
mules, cattle, hogs; bacon and pork, cotton bagging and cordage,
besides various oilier articles, to other states and counnies.
We have plenty at homo, and peace witli all the world. Never was
there a time when we occupied in our foreign relations a more elevated
stand than at present, nor, when our citizens were furnished with a more
ad vantageoiiB and extended commerce—.so valuable to tlawo who cultivate |
the soil. The wealth of every country depends greatly upon the knowl- |
edge, industry and entorprizo of its citizens. That nation is most pros- I
perous, which draws in the greatest degree upon iis own resources. The
great desideratum in political economy, is to pursue that course which
will ensui'e to the country the greatest profit and advantiige from its
condition and means.
It is iiiiportant to the people that laws, enacted for their rule of action,
should have been well considered, and when adopted, that they should
remain with as little alteration as po.ssible, consistent with public good.
The people cannot’ all be lawyers; hence the perple.vity often in¬
cident 10 the frequent changes of the law upon a given subject.
There should be as little legislation as possible, having regard to the
wants of the people. Laws should be general, and have effect through¬
out the whole state. Look into our statute hook and you will find laws
operating one way, in one county, and differently in another; fines and
forfeitures appropriated to different objects in various counties; and sev¬
eral other instances of the like character. It certainly never was con¬
templated that each county should have its separate code of laws. Wien
a jiroposition of a general character is made, let it be ascertained wheth¬
er its adoption would be beneficial to the whole state.
Permit me to ask, whether a species of legislation upon private,
local bills, has not, of late years, [irevailed to too great an extent?
The practice should be guarded against as an evil. If it be toler¬
ated, it will increase upon you, and extend the time of your ses¬
sions; besides, laws of that character are often obtained upon an e.x-
parte application and hearing, and the rights of others prejudiced. If
there be evils complained of, let them be remedied by a law to embrace
all similar cases. Your legislative halls should not be converted into
courts of justice. You constitute one of the departments to enact laws;
to another, is assigned the power to expound them, examine into facts,
and give the remedy.
The subject of Education cannot be too often, nor too forcibly, pressed
upon the consideration of the Legislature, and of the people.
I am pleased to observe that Transylvania University, especially its
Law and Medical Departments, is in a flourishing condition. It presents
high claims to the patronage of the people.
We have colleges and schools, in various sections of the state, in high
repute. The Georgetown college; the Augusta college; Centre college,
at Danville; Si. Joseph’s, at Bardstown; Cumberland, at Princeton; and
various seminaries are all successfully engaged in the laudable bu.siness
of qualifying the young men of our country to take their stand in soci¬
ety as divines, statesmen, farmers, lawyers, physicians, merchants and
mechanics. The juniors of the present day are soon to fill the places
of those who arc now upon the stage; they are to wield the destinies
1
Dec. 4.] HOUSE OF REPRESENTATIVES.
of the state, to occupy the pulpit, the bar, and other places of business.
When such considerations are i)resented to the mind, arc they not suffi¬
cient to induce every one to inculcate the necessity of education, and
to act upon the subject so as to insure its diffu.-ion as much as pos.sible.
“Knowledge is power;” and a republican government rests mainly upon
the virtue and intelligence of the people.
Notwithstanding the condition of the institutions I have mentioned,
there is a manifest inattention in many parts of the state, to the sul ject
alluded to, which is very much to be regretted.
The subject of internal improveinenis, from its importance and the
e.xpcctation of the people, will necessarily claim your considci’ation.
The navigable, streams of the state might be greatly improved; (Irecii
River passes through a productive and interesting portion ol' our country,
and by a survey, recently made, and the observation of many men ot'
experience, it is ascertained, that that stream might bo improved wuth
great facility; no doubt the obstruction at the principal falls might be
removed with but little expense. I hope you will take tho suliject into
consideration, and dispose of it as its importance demands.
The roads of our country are generally in a bad condition.' I am grat¬
ified to discover that in manv parts of the state a very laudable zeal has
manifested itself, and that valuable improvements are in progress. The
President and Directors of the “Maysvilic, Washington, Paris and Lc.x-
ingtou Turnpike Road Company” have favored me w itii a communica¬
tion, shewing “the progress, condition and prosjiects” of that road, from
which I will s'.ibmit some extracts. “The road has been located from
Maysville to Lexington, passing the points named in the charter, and on
a route most eligible for the con.struction of a good road, and the ac¬
commodation of the community; about forty five miles have been sur¬
veyed and put under contract, forty of which will be finished for travel
d\iring the presen' fall (1832,) and the ensuing winter, and five addition¬
al miles will be completed by the next autumn leaving only eighteen
miles yet to be made, situated at tw'o different points on the road. The
Directors have already expended and become liable by contract for up¬
wards of $200,000, the funds of the stockholders, including the subscrip¬
tion of the state, and have no means in their hands or under their con¬
trol to construct that part of the road not under contract.” They state
that “the toll received at the single gate erected on the road completed
between ilaysville and Washington, a distance of four miles, has yield¬
ed (and will do so) to the stockholders an annual dividend of twelve per
centum after keeping the road in repair.” The President and Directors
are of opinion that tho road when finished will yield eight per centum
on the sum invested.
Tho Shelby County Turnpike is also in progress, and a considerable
portion of it completed. As those roads are important links in the
communication between Louisville and Maysville, through Shclbyville
Frankfort, Lexington and Pans, and as the state is already interested
in them by investments in stock, I submit to your consideration whether
some additional aid cannot be given towmrds their completion. Let me,
how'cver, call your attention to the necessity of commencing the im¬
provement of a road from the Seat of Government to Smithland, pas-
11
JOURNAl. OF THE [Dec. 4.
-Im.,- ihrni'o-h Biwliiio-^reen. A communication thus made would afford
»3» !■»?'« -f • g™- i’t'"" f,
roads might readily he made from the one adverted to, to other points,
irariicularlv to the enterprising and commercial City of Louisv die. i he
munificence of the Legislature should bo as general as possible; it shoiikl
he extended, in a spirit of equality, to the various sections of the s a e,
having due regard to leading objects of improvement bho.ild such be
the action of the government, the people would be the better satisfied,
and they would enter more cheerfully into the business and system ot in¬
terna! improvement. , • i
The Louisville and Portland Canal, I am gratified tp [earn, is comp.e-
ted. and the passage of vessels through it rendered safe.
To the enterprize of a company of individuals, we arc indebted for
the commonccinent and progress of a work, of a high and useful char¬
acter in the list of improvements—f.'ic Lexington and Ohio Rad Road.
I feel <Trcat solicitude for the successful termination ot this work, as
tendimr, in so eminent a degree, to aftbrd facilities to the traveller, the
farmed the merchant, and the manufiictiircr. Much is due to tliose
gentlemen who have thus engaged in a work, so well calculated to ben¬
efit the public. . ^ , a i .
The Lunatic Asylum, at Lexington; the Deaf and Dumb Asylum, at
Danville; the Hospitals, at Louisville and at Smithland, are institutions
which I hope will continue to receive ihe patronage of the Common¬
wealth. The unfortunate inmates of those establishments exhibit strong
claims upon our benevolence and sympathies, and appeals on ‘heir be¬
half, will not, I am sure, when made to the Representatives of the high-
minded people of Kentucky, be disregarded.
The police and finances of the Penitentiary are of a charactei
highly creditable to the gentleman who has charge of that Institution.
Whilst the unfortvinate convicts are made to attend reasonably to busi-
nes.s, they are well clothed and fed, and treated humanely.
The Judiciary is an important department of the government; and,
whatever relates to it should have your especial consideration. It is the
interest of the people to have able and enlightened courts, and intelli¬
gent jurors. If a litigant should be satisfied that such is the case, and
his suit be decided against him, he would most generally acquiesce; but
if not, or, from any other cause he supposes injustice has been done
him, he will put himself to the expense of an ajipeal, and if unsuccess¬
ful, will complain still. The great purpose is that the law be correctly
administered, and that the people be satisfied.
In relation to jurors, I am decidedly of opinion that a change should
be made in the mode of selection; and, that they should hav'e a reason¬
able compensation for their services. Let them be selected either by
the Sheriff, or the county court, some time before the term, at which
they shall be required to attend. Let the additional expense be paid,
in part, by the litigants, and the balance by the state. This change
would bring to the jury-box men generally better qualified to decide the
various matters of dispute between man and man; who would give more
attention, than is now generally bestowed on the subjects brought before
them; the result would afford a more correct decision of controversies
If it be objected that the cliangc woiikl tend to an additional cxjionsf,
to some extent, I ask, to whom would the money go?—the pcojtle, to the
oreat body of eilizens, those tvho pay the taxes and fight tlie battles of the
country.' I hold that every man is entitled to some compensation for public
service. Upon what principle is it, that an individual isofen compelled
to remain, day aftev day, jtay his on ti expenses, and not receive one cent
for his attention to the busine.ssof others? The people love their govern¬
ment, they know its value, rhey know its cost, they know tliat all gov¬
ernments must be siij.'portetl; and whatever is necesaary, under an ecc-
nomical administration of it, will always be rendered with pleasure.
The militia of our country is its great defence. In a time of peace
we should always prepare, and be ready for war; we know not when it
may come. I find that it is duly organized; but the details of the system
need seme revision. The law anterior to our last session of the Legis¬
lature required of Captains to report the strength of their companies at
the June muster. The parade in that month was abolished, and no pro¬
vision made requiring the report to be made at aiij' other time, 'i'liere
is on hand a considerable number of mu.-kets, yagers, pistols, and
swords, which I .should be pleased to see distributed among the militia
of the state. It adds greatly to the appearance and encigy of a regi¬
ment that it be well armed, and tlie officers in uniform with side arms.
We have in the Bank of Kentucky funds anioimtiiig to about the sum
of fifty thousand dollars, which will be paid over as stock to the Ceni-
mon^vealth’s Bank, as flistribution may be made to stockh.'lders.
From the Bank of the Commonwealth it is believed we may calcu¬
late on receiving, by the time it is closed, the sum of six hundred
thousand dollars. The amount of notes in circulation is about the same
as last year; the diminution is but little for the last two or three years,
owing to the re-issue througii the Treasury.
I submit to your consideration whether a law in relation to “riots,
routs, and unlawful assemblies,” does not require amendment. Cases
of the most flagrant character are certain to be brought before a Jus¬
tice of the Peace f'>r trial, the warrant taken out perhajjs upon the infor¬
mation of the person who violated the law, and the case frequently tried
exparte. The limit to the fine is twenty dollars, and a trial before a
magistrate within thirty days is a bar to any further prosecudon. Would
it not be better to allow an appeal to the circuit court, at the instance
of the Commonwealth, by some officer, or, of the defendants. Enlarge
the maximum of the fine, or repeal the law entirely, and let the circuit
court have exclusive jurisdiction of such cases. The law, as now very
getierally executed, is inefficient in many cases of outrage.
I would suggest to you, gentlemen, the propriety of a particular ex¬
amination into the laws in relation to retailing spirituous liquors without
license. A well regulated tavern is highly beneficial to the cominunity ;
but heavy penalties should be imposed upon those who violate *he law,
and retail those liquors without authority. The practice exists to a con¬
siderable c.xtent, and tends greatly to inleinperance, an evil that has a
more deleterious influence upon society than perhaps any other. jf\
habit of using the into,xicating draught to excess, destroys the faculties
of the mind, prostrates the energies of the body, brings on premature old
Dec. 4.] HOUSE OF REPRESENTATIVES.
1(J JOURNAL OF THE [Dec. 4>
age and disease. It destroys a man’s peace of mind, that of his family,
and of society—leads to the gaming-taLle, to the loss of property, and to
bankruptcy, and often seduces its victim to the commission of capital
oifences. •
1 regret, gentlemen, that in the discharge of rny duty, I have to exhi¬
bit the state of our finances. On the 10th of October last, there was a
balance against the Treasury of one hundred and forty-scocn thousand
five hundred and thirty-four dollars a ! Debts against the national or
state governments ought not to exist, except on extraordinary emergen¬
cies. They arc at any time an evil, that should be got rid of as soon
as possible. If tolerated they readily accumulate—we should never
burthen our children with that, which it is our duty to meet.
I have endeavored thus to give you an expose, to some extent, of the
eondition of the Comnionxvealih, and to present some subjects to your
consideration; but I feel that I should not do justice to myself, nor to the
people, if 1 did not pursue the subject further. The question is, what
may be done to improve the condition and finances of the state? I am
aware of the importance of the solution, and of the difficulty of answer¬
ing it in a way sadsfactory to all; that is not to be expected. But every
man shoidd meet the responsibilities of his station, and rely upon the
magnanimity and forbearance of a confiding people. From the best
view that 1 have been able to take of the condition of the country, and of
the interests of the people, I feel impelled by a sense of duty, aside of ev¬
ery consideration other than public gooti, to recommend to jmur atten¬
tion the establishment of a Bank based upon a solid capital, whose notes
shall be equal to gold or silver. The stale has funds in the banks of
Kentucky and of tlie Commonwealth, that may be fairly estimated
at six hundred and fifty thousand dollars. Let those funds be re¬
alized, and subscribed as stock in the Bank proposed, as soon as can
be with convenience; the balance of the stock to be taken by individ¬
uals; the capital to be two millions of dollars, or more, under the direc¬
tion of a principal Bank, and three or four l>ranches, not more; a rea¬
sonable annual tax on the stock held by individuals, as a bonus, to be
fixed in the charter; tlie directors to be appointed in part by the state,
and the balance by the stockholder.'.
I know that in recommending this subject, I shall be met vvilh many
objections. Be it so. I have done what I believe to be my duty, and
(that which, in my opinion, would increase the prosperity of the people,
whose interests it is my great desire to advance.
It will be said that I am in favor of a deprecdated currency. Not so; no
one is more solicitous for a sound circulating medium than I am. Does
it follow that the establishment of a Bank, as is proposed, w'ould tend to
a depreciation of the currency? I think not. dddtenevcr it failed to re¬
deem its notes in gold or silver, the charter should be declared at an end.
never to be resuscitated. If a bank be prudently and carefully man¬
aged, there is no danger that it wdll not be able to sustain its credit.
Our sister states have their banks of good credit, and tvhy is it that we
cannot do the like? Shall we, the people of Kentucky, be tributary to
other states and countries, compelled of necessity to give, and they to
receive, the profit arising from banking institutions? Let us endeavor
to take care of ourselves.
17
HOUSE OF REPRESENTATIVES.
If will be said that we have suffered by a depreciated currency, and
that it would therefore be impolitic to maJee another effort. What does
an objection of tliat character iini)ly ?—that wo are not able to take care
of our own interests—.hat we are indeed incapable of self-government
_that the peojjle have not intelligence and firmness enough to rule. I
Hatter myseif that no one need be alarmed by such apprehensions, and
that we have m our state, honesty, prudence, talent, and experience, suf¬
ficient to manage the concerns of a Bank in a way beneficial to the coun¬
try. If an individual fail in business, because of an effort to do more
! than his means justified, will he fold his arms unwilling to do any thing,
lest he may fail again? lie should rather redouble his energies; endea¬
vor to profit by the past, and take a prudent, cautious course; make no en¬
gagement that he has not the ability to perform. The currency was de¬
preciated, because the business of banking was entirely overdone.
Banks were put into operation in more than half the counties in the state
without capital. It was impossible for them to sustain their issues. But
I trust we have profited by past experience. Let no such banks go into
operation. Let tlie money be had and then issue.
The capital might, as I hope, be readily raised. Afford an opportu¬
nity at least to make the effort. That which belongs to the state can
certainly be had, as the Banks of Kentucky and of the Commonwealth
close their business. Those who have money engaged in private loans
would, in most cases, prefer to wi.hdraw it, and vest it in an institution
tliat would be permanent and useful.
A great portion of the sum that I have mentioned as belonging to tiie
state, has been unproductive for several years. It is known, that nei¬
ther the Bank of Kentucky nor of the Commonwealth, has made any
discounts for a considerable time past. The state’s portion of stock in
the Bank of Kentucky, has been annually distributed and subscribed as
stock in tlie Bank of the Commonwealth, where it has been unavailing.
The settled policy of the government, for many years, was to invest
the proceeds of the sales of vacant land south of Green river, and else¬
where, in stock in the Bank of Kentucky, which continued until we had
accumulated the sum of five hundred and ninety-six thousand seven hun¬
dred dollars; the consequence was, that in the years 1819, ’20, and ’21,
there was paid into the Treasury of the state, on account of the divi¬
dends due the Commonwealth on her stock, and of tax on stock owned
by indh iduals, the sum of one hundred and thirty-five thousand three
hundred and fifty-four dollars, equal to an average of forty-five thousand
one hundred and eighteen dollars per annum. But in the }-ear 1822
the charter of that bank was repealed; and what followed? The item
of forty-five thousand one hundred and eighteen dollars, for state’s divi¬
dend and tax on bank stock, disappeared, no longer to be seen in the
report of receipts into the treasury, and a state debt created to the a-
mount before stated. What then is our condition? Valuable public
works in progress, others of like importance to the state that should be
commenced; a solicitude to patronize edu<;ation—to pay jurors for rheir
services; the current expenditures of the government to be provided for,
and— a treasury in arrear the sum of one hundred and forty-seven
thousand five hundred and thirty-four dollars —a debt of no ordinary
JOURNAL OF THE
magnitude. I have said to you gentienien, establish a Bank—a Bank
to be based on a substantial capital, lle-invest the stock owned by the
state, as it was in the Bank of Kentucky, and restore to the Treasury that
annual “item” of forty-five thousand one hundred and eighteen dollars, on
account of state's dividend and ta.v on Lank stock, as soon as possible or
as much of it as wc can; and whilst we should thus aid the finances of
the state, we would aiford some facilities to the people, in furnishin<^ an
addition to the circulating medium, which would be equal to "-old and
silver.
A prudent man will endeavor to live upon the proceeds of his estate.
He should not e.vhaust his capital, ii in his power to prevent it.
It is a subject of gratulation, that our relations with the general gov¬
ernment arc of the most amicable character. No question of supposed
violated state sovereignly agitates our Commonwealth. Our ancestors,
in their wisdom and patriotism, have given us a form of government infi¬
nitely superior to that of any other nation—predicated upon the idea
that all power emanates from the people. A legacy so valuable must
be retained. The integrity of the Union must be preserved. It was
said by many, that our government could not bear the test of e.xpcri-
ment; but it has turned out otherwise; and it is a source of much plea¬
sure to me, that by recent developements, a large majority of the peo¬
ple of the Union have manifested their approbation of tlie manner in
which it has been administered. The great object of government is, that
the people be satisfied. When that is the case we have no fear of
disunion.
Suffer me goiiticmcn, in conclusion, to assure you, that I shall bo
highly gratified in co-operating with you in such measures as may tend
to advance the interest of the Commonwealth.
JOHN BREATHITT
Decemher 4, 1832.
Ordered, That the Public Printer forthwith print 3000 copies
(hereof, for the use of the members of this house. ^
Mr. McAfee read and laid on the table the lollowing preamble
and resolutions, viz:
The course lately adopted by the State of South Carolina, in
calling a convention for the purpose of attempting to nullify the
acts of Congress, commotdy called the “Tariff Laws,” by their
single authority, presents a crisis which calls for an expression of
the opinion of this Legislature. It is a subject that involves the
principles upon which our sacred Urtion was formed, as well as
the future prospects of our happy counb'j; and we cannot re-
Beg. 4.] HOUSE OF REPRESENTATIVES.
ty, set aside and nullify the acts of Congress passed according to
the forms of the Constitution.
The state of Kentucky has had some experience on this sub¬
ject; she has ever been the ardent and devoted friend of the con¬
stitutional rights of the states, and viewed with a jealous eye the
I encroachments of the federal government. She has more than
once made successful appeals to the cnliglitened patriotism of her
sister states, to repeal laws which were believed to be made in
violation of the reserved rights of the states. But it is with feel¬
ings of deep regret that we have seen our brethren of South Caro¬
lina hastening to interpose her single arm to arrest the authority of
the laws of the Union, at a moment when the spirit of concilia¬
tion is awakened to hear and redress their grievances. We con¬
fidently hoped that the modification of the Tariff at the last ses¬
sion of Congress, would have been regarded as a strong indica¬
tion of the spirit, since manifested by the j^eople in the other
states on this subject, from which it is evident that the taxes will
K be reduced to the necessary wants of the government; whilst,
J at the same time, protection will bp retained on such articles
l^as are essential to our independence in a time of war, with
I a gradual reduction of the taxes upon all the necessaries of life
S consumed by the great body of the people; and more than this
|!(cannot reasonably be required by any state. But it seems that a
portion of the people of vSouth Carolina are unwilling to wait for
change of the laws, in the manner tlius anticipated, and would
take the power into their own hands.
The state of Kentucky cannot agree with them, neither in the
right claimed, nor the mode pursued to redress their complaints.
There are other more i)eaccful and constitutional ways provided,
by which the political grievances of the states can be adjusted.
If improper grants of power have been made to the federal
government, any state, as well as congress, has the right to pro¬
pose amendments to the ■several states, who, as component parts
of the Union, will cither adopt or reject them; or if, on the other
hand, the pow^- granted is’abused, or exercised oppressively upon
any of the states, a remonstrance, and the discussion of the sub¬
ject before an enlightened community, will always eventuate in
obtaining justice, until the administration of the government
shall fall into the hands of a party regardless of that spiyit of
compromise which produced our Uniu)i —a period which we hope
is yet far distant.
It is impossible that a remonstrance and appeal to the patriot¬
ism of our sister states, on questions of constitutional construction,
will ever fail of success, if founded on substantial grounds; and
the experience of Kentucky fully confirms us in this opinion.
We would, therefore, most earnestly ent eat our fellow citi¬
zens of South Carolina to pause before they adopt any rash njea-
JOURNAL or THE
[Dec. 4.
sures which may lead to consequences dangerous to the peace and
prosperity of our common country. , ^
The legislature and people of Kentucky avow themselves to be
the steadlst friends of the Union; and they cannot consent to
see its authority and laws set aside by any one inember; and
whilst we assure our southern brethren that we will heai then
complaints with patience, and aid in redressing their real griev¬
ances, yet we must solemnly protest against the course resorted
to by them, and take our stand on the side of our country, our
whole country. Therefore— ., ^ m. f
1. Resolved, by the General Assemhlif of the Commomocalth of
Kentucky, That the doctrine advanced by the legislature of bouth
Carolina, “that any one state has the right to nullify and set aside
a law of the United States,’’^ is contrary to the cons titution, and
would be destructive to the peace and harmony ol the Union.
2. Resolved, That ‘■Hhe Federal Union must he preserved.
Mr. Henry moved the following resolutions:
Resolved, That so much of the Governor’s message as relates to
the subject of internal improvements, be referred to the commit¬
tee on internal improvements.
Resolved, That so much of the Governor’s message as relates to
the subject of the revenue of the Commonwealth of Kentucky,
be referred to the committee of ways and means.
Which being twice read, were adopted:
Mr. Chilton moved the following resolution:
Resolved, That the committee on education be instructed to en¬
quire into the expediency of establishing, within the State of Ken¬
tucky, a system of common school education; and that if said com¬
mittee shall be of opinion, that such a system would be expedi¬
ent, they report to this house their opinion of the best practicable
plan for the establishment thereof.
Which being twice read, was adopted.
Mr. E. Smith moved the following resolution:
Resolved, That so much of the Governor’s message as relates to
the judiciary, be referred to the committee for courts of justice.
Which being twice read, was adopted. ...
Mr. Allen moved the following resolutions, which being twice
read and amended, were adopted in the following words:
1. Resolved, That so much of the Governor’s message as relates
to education be submitted to the committee on education.
2. That so much of the Governor’s message as relates to the
Lunatic Hospital and Deaf and Dumb Asylum, be submitted to a
select committee*
3. That so much of the Governor’s message as relates to the
Penitentiary, be submitted to a select committee.
4. That so much of the Governor’s message as relates to tlic
militia be submitted to the committee on the militia.
Dec. 4.] HOUSE OF REPRESENTATIVES. -2]
5. Tiiat so much of the Governoi'’s message as relates to the
laws on riots, routs, and unlawful assemblies, he submitted to tlie
committee for courts of justice.
6. That so much of the Governor’s message as relates to the
laws regulating taverns, be submitted to the committee for courts
'f', of justice.
’I'l 7. Tiiat so much of the Governor’s message as relates to the
' establishment of a bank, be submitted to the committee of ways
and means.
Whereupon, Messrs. McAfee, Innis, Dunlap, Woolley and Ken¬
nedy, were appointed a committee pursuant to the second; and
Messrs. Allen, Anderson and Stevenson, pursuant to the third res-
S olution. . 1 •„
Leave was given to bring in the following bills:
On the motion of Mr B. F. Thomas—i. A bill to improve the
road from Lexjnglon, through Winchester, Mount Sterling, and
Owingsville, to the Mouth of Big Sandy.
On the motion of Mr Pierce—'i. A bill to establish a road from
Louisville to the state line, in a direction to Knoxville.
On the motion of Mr Nuttall—3. A bill to exempt from exe¬
cution growing crops.
On the motion of Mr Murray—1. A bill to reduce the price ol
the public lands, in the district of country VVest of the Tennessee
river, and to protect the actual settlers in said district.
On the motion of Mr Southgate-5. A bill to connect the towns
of Newport and Covington with Cincinnati by a bridge.
On the motion of Mr B. F. Thomas—(i. A bill to authorise Ihe
publication of advertisements in the Cross and Baptist Banner,
printed in Frankfort.
On the motion of Mr Thruston—7. A bill more effectually to
prevent the importation of slaves.
On the motion of Mr Butler—8. A bill to regulate the duties
of attornies at law.
On the motion of Mr Gorin—9. A bill to incorporate a com¬
pany to make a turnpike road from the City of Louisville, by the
mouth of Salt river, Elizabethtown, Munfordsville, Bowlinggreen,
and Franklin, to the state line, in a direction to Nashville, Ten¬
nessee.
On the motion of Mr D. T. Smith—10. A bill to amend the
penal laws.
On the motion of Mr Harris-11. A bill to incorporte the Lick¬
ing river Navigation Company.
On the motion of Mr D. White—12. A bill providing for the
improvement of the road from the seat of government, by the way
of [.awrenceburg, in Anderson county, to llarrodsburg, in Mercer
f
I
On tlic motion of Mr McAfee—13. A bill to amend the laws
conceniing the Lunatic Asylum.
On the motion of Mr Chilton—14. A hill to provide for revis-
. ing, digesting, and abridging the statute laws of Kentucky.
On tlie motion of Mr Lucas—15. A hill to lix the compensa¬
tion of tlie Clerks of the Senate and House of Pvepresentatives.
On the motion of Mr D. T. Smith—16. A hill to provide for the
collection of fines, rccoveralile under the by-laws of the town of
Russellville.
On the motion of Mr Henry—17. A hill to change the time of
holding the Ti'igg circuit court.
On the motion of Mr R. S. Morris—18. A bill to amend and
reduce into one the several acts concerning the town of Auo-usta.
in Bracken county. ° '
On the motion of Mr S. Williams—19. A bill to take the sense
of the good people of this Commonwealth, as to the propriety of
calling a convention. ^
On the rnotion of Mr Chilton—20. A hill to change the mode
of summoning jurors, and to provide for their compensation.
On the motion of Mr Crow—21. A hill to provide pav for
grand jurors; and, ^
On the motion of Mr E. Smith—22. A bill to remove obstruc¬
tions in certain navigable streams of this Commonwealth.
Messrs. B. F. Thomas, T. I. Young, Wickliffe, May, Morgan,
t^eaton, and VV oolley, were appointed a committee to prepare and
bring m the first; Messrs. Pierce, S. Williams, and Paris, the se¬
cond; the committee for courts of justice, the third and twentieth-
Messrs. Itlurray, Prince, and McFall, the fourth; the committee
on internal improvements, the fifth and ninth; Messrs. B. F. Thom-
as. Caines, and Davis, the sixth; Messrs, thniston, Green, and
McAlee, the seventh; Messrs. Butler, D. White, and G. W. John¬
ston, the eighth; Messrs. D. T. Smith, Ewing, and Gorin, the tenth:
Messrs. Harris, Southgate, Hauser, i...l C.'
Messrs. 1). White, Green and McAfee, the twelfth
■t^lec. AV hite, Rucld, and A\ oolley, the thirteenth;
ton, Vvickliffe, Simpson,:
cas, Gorin, and Cook, the fifteenth; M essrs D. T. Smith, Ew
Boone, the sixteenth; Messrs. Henry, The ’ "
seventeenth; Messrs. B. S. Morii.,
teenth; Alessrs. S. AA'illiams, Ewing, and E,
Messrs. Crow, E. Smith, Green, AIL...
W H- Messrs. E. Smith, J. AVhite, Paris, Bates, Pr
Williams,the twenty-second.
The following hills were rtj.„.:_i; f..I
appointed to prepare and bring in the same, viz:
By Mr B. F. Thomas- ' ■ - -
and Gaines, the eleventh:
; Messrs. Mc-
_, Messrs. Chil-
and Butler, the fourteenth; Messrs. Lu-
, ring, and
lenry, Thompson, and Boone, the
■ris, Ytetes, and Kennedy', the eigh-
’I. Smith, the nineteenth;
Allen, and Nuttall, the twentyl
, rince, and S.
■eported from the several committees
1. A hill to authorise the publication
of advertisements in the Cross and Baptist Banner, printed in
Irankfort; and, ^
■ “• A ‘o '■etJu'cc tlie price of public lands
in the district of country West of the Tennessee river, and to pro¬
tect the actual settlers in said district. '
AVhich bills were severally received and read the first time
; and ordered to be read a second time.
And thereupon the rule of the house, constitutional proviMon
and second reading of said bills having been dispensed with the
lirst (having been amended at the Clerk’s table,) was ordered to be
engrossed and read a third time; and the second was committed
to the committee of ways and means. ■
And the rule of the house, constitutional provision, and tliird
reading of the first bill having been dispensed with, and the same
being engrossed:
Resolved, That the said bill do pass, and that the title thereof
be amended to read “an act to authorise the publication of adver¬
tisements in certain newspapers.”
Ordered, That the Clerk carry the said bill to the Senate and
request their concurrence.
And then the house adjourned.
JVED.XESmY, DECEMBER 5.
Mr. John Jennings, a member returned to serve in this house
Irom the county of Garrard, appeared, produced a certificate of
his election, and of his having taken the oaths required by the
constitution of the United States, and the constitution and law=
01 this state, and took his seat.
1 ) ® liouse a letter from the Auditor of
1 ublic Accounts, enclosing the annual report of the Auditor of Pub¬
lic Accounts, exhibiting the situation of his office, of the amount of
warrants issued on the Treasury, for the last year; and also the
report ot the Commissioners appointed to settle the accounts of
die Receiver of Public moneys West of the Tennessee river, un-
last session, which is in the following words and
Auditor’s Office, Kv. J
Frankfort, 5th December, 1832. (
!S1R:—\ou will please lay before the House of Representatives the
accompanying statements, comprising the Auditor’s report for 1831 - 2 -
and the report of the Register, Auditor and Treasurer, (by special act
o Assembl}^,) of the situation of the hooks and accounts of the Receiv-
JOUIINAI. OF THE
of public moneys West of the Tennessee river, up to the first day of
IV 1832. Re.spcctfully, yours,
■ ’ POUTER CLAY, Auditor Public Accounts.
Jon^ J. Ckitte>den, Esa. Sreakcr of the House of Kefs.
.^’o. 1 .
of,mn„j.rmmd <dthe '‘-S'"'
01. a,.i incUim llte lOtf. ilag »/ O'"’*"’ '
Ai'on-residcnts’’ Lands —
For tax received on non-residents’ lands.
Revenue collected by Sheriffs
From the sheriffs, for the collection of the
revenue of 1821,
Ditto
Ditto
X)itt 0 ^con’
Ditto JgO,
Ditto
HOUSE OF REI'RESENTATIVES,
One. 5.]
(Amount brouglit forward,) $120,539 07
Sale of Warrants —
For warrants to be laid on forfeited lands, $ 75 00
Ditto to be laid West Cum’land river, 563 30
Ditto to confirm titles to forfeited lands, 30 00
- 673 30
Bank of the Commonwealth of Kentucky —
For the nett profits of said institution from the 30th
day of November, 1830, to tlie 30,h day of Novem¬
ber, 1831.—No report made since said date, 24,151 85
Bank of Kentucky —
For distribution of stock, (in Commonwealth’s paper,) 14,917 50
Ujtto (m specie,) being the balance
due. after deducting $1,058 16 allowed John D.
Hays, by an act of the last Legislature, 13,859 34
Total amount re'’eived by the Treasurer from the IWi
of Oct., 1831, to the 10th of Oct., 1832, inclusive, 174,141 06
Total amount received in Commonwealth’s paper, lt)0,2bl 72
Ditto in Specie, 13,859 34
Commonwealth'’s Paper.
Warrants reported to have been paid by
the Treasurer from the llrhday ot Oc¬
tober, 1831, to the ibthofOct. 1832, is 148,229 95
Stock subscribed in the Bank of the Com¬
monwealth of Kentucky, same time, 14,917 50
Whole amount paid 163,147 45
Balance due from government on the 10th October, 1831, 93,494 17
Making the whole debit, 256,641 62
From which deduct the timount of receipts as enumerat¬
ed above, 160,281 ;2
Balance due from government on the 10th October, 1832, 96,359 t)0
Warrants reported to have been paid by the Treasurer
frtan the 11th October, 1831, to the 10th Oct.1832,
Stock subscribed in the Bank ot the Commonwealth ot
Kentucky,,same time,
Whole amount paid,
Balance due from government on the 10th October, 1831,
Making the whole debit,
(Amount forwarded.)
(Amount brought forward,) $65,034 40
From which deduct the amount of receipts as enumera¬
ted above, 13,859 34
Balanee due from government on the 10th October, 1832, 51,175 06
Amount due from government on the 10th day of Octo-
her, 1832, in Commonwealth’s paper, 96,359 90
Ditio in Specie, 51,175 06
[Dec. 5.
Public Printer — . ' ~
For advertising non-residents’ lands,
DMuHng Acts and Journals Mv. Session, 1831-
4 irst District, -
Second or Middle District. 11 n o!
Third District, '
’ 85 0(
Crwiitiai Prosexutions _
Fo^the attendance of venire-men, 4,804- 0(
P , , , . 'vimosses on behalf
ShSff 7'" ' wiininal prosecutions, 3,837 6(
bhenffs for apprehending criminals, 4^0 0(
JOURNAL OF THE
Total amount due.
•Vo. 9.
A statement of warrants drawn by the Auditor of Public Accounts on
the Treasurer, from the lU/i day of October, 1831, to the lO/A day
of October^ 1832, inclusive^ shcioing the amount drawn for each
SOU) ce of expenditure; and, also, the amount of warrants paid and
unpaid during the same period, viz:
(Amounts forwarded.)
Jailors —
Attending on courts, furnishing fuel, &,c. $2,857 36
Committing and releasing criminals, 152 28
Dieting criminals, 3 977 59,
Conveying criminals to jail, ’ 2 50
Ironing criminals, ' , 07
6,991 01
a,478 80
25 25
285 00
Executive Offices —
Fuel, stationary, &c. furnished the Au¬
ditor’s Office,
Ditto Treasurer’s Office,
Ditto Land Office,
Ditto Secretary’s Office,
663 97
220 75
918 61
675 47
Dec. 5.] HOUSE OF REPRESENTATIVES.
(Amount brought forward.)
Criminal Prosecutions — {continued.)
Amount brought forward, $‘9,103 GO
Sheriffs, for summoning witnesses on be¬
half of the Commonwealth in criminal
prosecutions, 707 18
Sheriffs, for summoning venires, 401 00
Constables, for whippmg criminals, 9G 98
Ditto for apprehending do. 1,488 00
Ditto for summoning witnesses on
behalf of the Commonwealth in crim¬
inal prosecutions, 340 64
Sheriffs, for conveying criminals to the
Penitentiary, 1,238 66
Guards, for guarding criminals in Jail, to
Jail, and to the Penitentiary, 2,089 38
Sheriffs, for conveying criminals to Jail, 260 85
Constables, for conveying tto. to Jail, 160 22
Sheriffs, for summoning juries in cases of
idiots, 74 93
Sheriffs, for ironing criminals, 5 00
Sheriffs, for whipping criminals, 17 77
Sheriffs, for executing process for con¬
tempt in Commonwealth’s cases, where
the contempt is cleared, 68 20
Sheriffs, for executing criminals condemn¬
ed to be hung, 31 26
Coroners, for summoning venires^ 14 00
Ditto for attending court, 20 00
Sheriffs, for removing papers in change
of venue, by act of Assembly, 19 32
Coroners, for summoning witnesses for the
Commonwealth in criminal prosecutions, 84
Public Communications—in Com\
By the Governor and Secretary,
Auditor Public Accounts,
Ditto—in specie,
By the Governor and Secretary,
Auditor Public Accounts,
Quartermaster General,
Contingent Expenses —
For arranging the public Library,
$9,780 06
(Amounts forwarded.)
—
16,137
83 ;
's paper.
* ■
58
07
.i
19
34
—
77
41
172
37
301
58
3
02
—
476
97
57
71
$57
71
$26,472
27
JOURNAL OF THE
(Amount brought forward,)
Caniinsent Expenses— {continued,)
^ Amount bUght forward, $ 57 71
To the sergeant of the Court of Ai)peals
and the tipstatl', for their attendance on
the Court of Appeals and Gen’i Court,
and for furnishing fuel, for same, 883 28
Stationary, &-c. furnisjied Quartermaster-
General, .
Cutting and packing wood for the Legis¬
lature, ^
Stove furnished Quartermaster General, 24 00
Ditto Adjutant General, 24 00
Repairing the public buildings, . ^81 62
Binding Laws of other States, 120 31
Blinds furnished for the windows of the
Capitol, . 16/1
Salary, stationary, ifcc. of the Receiver
of public moneys West Tennessee river, 290 37
Publishing proposals to distribute the
Laws, &.C.
IJfinnirs done the Governor’s house, 25 85
Attorneys —
Annual salaries of the Commonwealth’s Attorneys,
Military Expr.n dilures —
Payment of Brigade Inspectors, 214 5
Storage on public arms, 28 5
.Freight on ditto, 10 0
Repairing of public arsenal, 23 2
The pay of Provost Marshals, 2 0
Repairing and cleaning public arms, 51 o
Idiots —
For the support of Idiots,
Decisions of the Court of Appeals —
Amount in adv. for Marshall’s 4th vol. 350 0
Balance for Marshall’s 1st vol. 984 0
(Amounts forwarded.)
Dec. 5.] HO USD OF IlErilKSENT A'J'lN^ES.
(Amount brought forward,)
Decisions of the Court of Appeals — {continued,)
Amount hrouglit forward, ,^•1,334 00
Balance for Marshall’s 2d vol. 030 00
Ditto 3d vol. 1,234 00
Amount in adv. for Mar.shall’.s 5th vol. 350 00
Ditto Oth vol. 350 00
Balance for Monroe’s 7th vol. 1,120 00
Clerks Services —
Ex-officio services of the Genoi'al and
Circuit Court clerks, 3,700 00
Presses furnished theseveralelerks offices, 542 10
Record books furnished ditto, 1,788 4t>
Clerks of county courts for coi)ying Com¬
missioners books, 2,727 16
Circuit court Seals furnished, 22 62
Office Rent of tlie Clerk of the Court of
Ajipeals, 50 00
Deaf and Dumb —•'
Kentucky institution for the tuition of the Deaf and
Dnmb, for the support of the indigent pupils,
Money Refunded —
Ta.xes twice jiaid, 0 10
Fees jiaid into the Treasury for the at¬
torney general, clerk of the General
Court, &c. by delinquent officers vs.
n hom judgments have been rendered, 126 30
Public Roads —
Pay of Commissioners on the road from
Pikeville or Shelby creek to the top of
Cumberland mountain, 43 50
Ditto from Mountsterling to the Virginia
line by the way of Prestousburg, 6 00
\ShcriJfs, Comparing Polls —
For Congress, 537 02
Senate, 84 87
Electors, in 1828, 9 00
Governor and Lieutenant Governor, 1,592 45
Legislature, Mjv. Sessio7i, 1831—
Pay of members,
.f73,.561 11
5,330 00
8,890 31
3,117 62
435 40
49 50
2,223 34
(Amount forwarded.)
14,125 72
fl08,033 06
WttMtWIMi
30
JOURNAL OF THE [Dec. 5.
(Amount brought forward,) 108,033 06
Appropriations Nov. Session, 1831—(m specie,)
To .1 aines Garrecrd, GO 00
Appropriations Dec. Session, 1830—
To A. W. Dudley, 10 00
Appropriations Nov. Session, 1831—
To William Shackelford, 382 03
Thomas M’Grain,
154 85
Joseph Gray,
143 50
Gabriel I. Johnston,
210 00
Bacon & Johnson,
26 87
JilmJ. Posey, •
70 00
William Wood,
788 85
Benjamin R. Pollard,
210 00
Joseph B. CroJiett,
16 75
Richard Apperson,
20 00
Thomas S. Page,
120 00
John Breathitt,
210 60
James Stonestreet,
450 00
Richard Rudd,
8 00
Andrew M’Calla,
1,163 00
R. K. Stout,
16 00
Robert S. Todd,
450 00
James Davidson,
73 40
Cumberland Hospital,
1,429 50
Alexander R. Macey,
20 00
Moses B. Morrison,
92 00
Tihnan,
10 00
Braxton,
10 00
A. Trumbo, Jr.
10 00
A. G. Hodges,
1.200 00 ’
A. C. Keeiioii,
Lunatic'Asylum,
Jno. Brown, Jas. Shannon, Peter Dud¬
'428 00
10,000 00
ley, and Jno. Harvie,
2,000 00
Anthony Crockett,
143 50
.facob H. Holeman,
3,141 25
L. Batchelor,
143 50
Charles Hutchinson,
48 00
Wiiiiara Holeman,
184 50
John J. Crittenden,
188 00
Jos. Taylor ifc Son,
Sheriffs for Revenue —
9 37
- 23,571 47
Amount of Revenue overpaid, 1830, .,
332 86
Ditto, ditto, 1S27,
2 32
Ditto, ditto, 1829,
14 33
349 51
132.024 04
(Amount forwarded.)
1 or taKing in lists ot taxable property for 1831,
Turnpike Roads —( Cmmoinvealth'spaper^
Shelby County, ^ ^ 5^5 gg
From the mouth of Sandy river to J. M. ’
Rice’s in Bath county, 1,000 00
Ditto — (Specie,)
Maysville, Washington, Paris and Lcx-
ington, 50,000 00
Shelby county,
Greenup County Bridges _
Under act of the Assembly, approved, 1 1th Feb. 1828,
Bridges — (Specie,)
Pay of comin’rs to Rockcastle bridge, 15 R nil
In part of the State’s subscription to Tay¬
lorsville bridge, ggg gg
Distributing Acts and Journals,^.Dec. Ses’^b^JT^
Legislature Dee. Session, 1828—
Balance of pa, d„e The. J. Young,. Re|.,eaem.,i.e,
Total warrants issued in Specie,
Ditto Commonwealth’s paper,
Commonwealth's Paver
Waijants issued from the llthof October ^ ’
1831, to the 10 th of October, 1833 ’ 14 » rsi on
”aiTantsy-v’ _^ 30
V
2 JOURNAL OF THE
Specie.
Warrants issued troin the 11th of October,
1831 to ihe lOth ot OctoLcij 183^, ?
From whieli deduct the amount of war¬
rants reported to have been paid by the
Treasurer during same time, ' ’ _
Warrants unpaid on the lOtli of Oct., 1S32, in specie,
Warrants unpaid on the lOth of October,
1832, in Commonwealth s paper, o/f’ioh ‘to
Ditto, in specie, __ ~ _!
[^Uiuc* o*
•To. 3.
A statement of debts due to government on the lOth dee
lS32,ri2;
Of the Revenue collected by Sherip—
For the year nJ3
?yT 17# U805 3C>
11JB 2 ^^ 25
Uitto 172 26
10^2 31 99
U!«o 1,662 21
^806 26
Uitto 48 58
Udto 52 44
U‘“o 10 26
Ui'to 181J ^54 54
U'tt? 942 86
}|>,0 472 80
Ditto
}g23 ’^''4
Ditto 5S4
Ddto ■ 5®^^ 1,010 58
Ditto
Ditto IB-sB „„
Ditto 1829 .
Ditto 1830 _
Debts receivable, , . i \
Tax on Bank stock, (Independent Banks,)
Clerks, for taxes,
Loans to the Penitentiary,
Treasurer of the town of Columbus,
Total amount of debts due to government on the 10th
day of October, 1832,
24,403 32 Hg
i
27,814 44
the lOth day of October,
11,394 67
7,127 84
1,105 0«
5,665 14
58,593 5S
1,473 85
85,360 14
Dec. 5.] HOUSE OF REPRESENTATIVES.
IStock owHCfl by the State.
In the Bank of Kentucky, 119,340 00
In tlie Bank of the Commonwealth of Ken¬
tucky, in specie, 58,611 84
Ditto, in Commonwealth’s paper, 602,228 63
In Turnpike Roads —
Maysville, Washington,
Paris and Lexington,
Com’wealth’s paper, 14,285 70
Shelby county ditto, 26,273 26
- 40,558 96
Maysville, Washington,
Paris and Lexington, in
specie 62,500 00
Shelby county, ditto, 6,000 00
- 68,500 00
Taylorsville bridge, in
Com’wealth’s jiaper, 571 42
Dittu, in specie, 850 00
68,500 00
- 1,421 42
Total amount of stock owned by the State on the 10th
of October, 1832,
890,660 85
JVo. 4 .
slate.mcnt of debts due from Government on the \Qth day of October,
1833, nne/ for which the Treasury is bound for payment, viz:
Sheriffs for Revenue —
Revenue for 1813, overpaid, 8 32
Ditto 1822, ditto, 1 02
Ditto 1826, ditto, 7 80
Ditto 1827, ditto, 4 68
To the town of Columbus, 2,052 84
Purchasers of Non-residents’ lands, 258 18
Warrants unpaid, in Com’wealth’s paper, 3,411 12
Ditto in specie, 24,403 32
Attorneys for salaries due.
Salaries due to the Judiciary and Executive officers.
Treasurer town of Waidsboro’,
Total amount due from government on the 10th day
of October, 1832,
Of which is in specie,
Ditto Commonwealth’s paper,
27,814 44
1,712 18
8,030 87
05
39,890 38
'24,403 32
15,487 06
CREDITS.
By amount paid Treasurer, 65,777 05
Amount of delinquents, e.xonerations,
and errors corrected, 4,470 70
Commission for collecting, 5,600 41
Wolves killed, 1,160 00
- 77,008 16
.Vo. 6.
A statement shewing the debits and credits of the accounts of Clerks,
{Circuit, County, Court of Appeals, and General -Court^ for the
collection of tax on law process, deeds, seals, Src. accounted fur, dur¬
ing the year ending on and including the lOt/t of Oct., 18^2,viz:
17,732 44 ^
I
■i
12,067 30 ■ ,1
■' A
JOURNAL OF THE
[Dec. 5.
»Vo. 5.
A statement shew'ing the debits and credits of the Revenue account for
1830, as due from SheriJJ’s during the year ending on the lOth day
of October, 1832, viz:
DEBITS.
Balance due the Commonwealth on the
10th day of October, 1831, $77,064 31
Additional lists charged, 72 29
Costs of judgments charged, 8 50
Errors corrected, 49 50
Warrants issued for accounts overpaid, 332 86
- 77,527 46
Balance due government on the 10th day of October,
1832, as per statement No. 3,
DEBITS.
Balance due 'Commonwealth on the 10th
day of October, 1831, $ 6,669 93
Amount of accounts rendered, 10,822 00
Ditto of costs charged, 240 51
CREDITS.
By amount paid the Treasurer,
Commission for collecting.
Circuit Court seal furnished.
Balance due government on the 10th day of October,
1832, as per statement No. 3,
Dec. 5,] HOUSE OF REPRESENTATIVES.
35
J\'o. 7.
A statemcnl shewing the probable amount of the expenditures of Goz-
ernment for the year ending on and including the lOi/t dmy of Oc¬
tober, 1833, viz:
Jailors,
Executive Offices,
Public Primer,
Distribuiinj' Acts and Journals, Dec. Session, 1832,
Criminal Prosecutions,
Public Coniinunications,
Contingent Expenses,
Salaries of the E.xecutive and Judiciary Officers,
Military Expenditures,
Idiots,
Decisions of the Court of Appeals,
Clerks Services,
Deaf and Dumb Asylum,
Money Refunded,
Public Roads,
Sheriffs Comparing Polls,
Slaves E.xecuted,
Commissioners of Tax,
Sherifis for Revenue overpaid.
Turnpike Roads,
Legislature, Dec. Session, 1832, including all expen¬
ses, and supposing the same to sit eight weeks.
Lunatic Asylum,
Totiil amount e.xpected to be expended during the year
ending on the 10th day of October, 1833,
^ 8,000 00
2,500 00
35 00
300 00
16,000 00
600 00
2.500 00
30,000 00
500 00
13,000 00
4.500 00
9,000 00
3,000 00
400 00
50 00
2,000 00
2.500 00
8,000 00
300 00
2,500 00
40,000 00
10,000 00
$155,685 00
8 .
,i statement of moneys which is expected to be paid into the Treasury
during the year ending on and including the lOl/t day of October,
1833, subject to the expenses of government, viz;
The gross amount of the Revenue col¬
lectable by sheriffs for the year 1831,
and made payable on the first Monday
in December next, is $81,175 19
The loss on the collection of the same,
including credits for commissions, ex¬
onerations, delinquents, and compen¬
sation for killing Wolves, is presumed,
will be about 16 per cent, am’ting to, 12,988 03
Leaving, 68,187 16
(Amount forwarded.)
JOURNAL OF THE
[Dec. 5.
Amount brouglit forward,
Of tliis sum there has been collected and
paid into rhe Treasurj', previous to the
10th of October, 1832, as in statement
No. 1, $ 3,962 55
The delinquent sheriffs will be about, 500 00
Which leaves a sum that may be expected will be paid
into the Treasury during the ensuing year, of
Of the Revenue collectable by clerks, (including tax
on tavern licenses, &c.) Register of the Land Of¬
fice, and the Secretary of S.ate,
Miscellaneous receipts.
For tax on non-residents’ lands.
From the Bank of the Commonwealth of Kentucky,
From the Bank stock fund, viz: Vacant and head-right
lands.
From the sale of Warrants, viz; To be
laid west of Cumberland river, 500 00
Ditto on forfeited lands, 100 00
Ditto to confirm titles, 50 00
For the sale of lands west of Tennessee river.
From the balances due government, as in statement
No. 3, will be collected of Revenue due by sherifl's.
Ditto due by clerks.
From loans to the Penitentiary,
From Treasurer town of Columbus,
Of the other balances it is not supposed tliat any thing
can be collected.
Total amount expected to be received during the year
ending on and including the 10th of Oct., 1833,
Balance due from government, as in state¬
ment No. 1, in Com’weakh’s paper, 93,359 90
Ditto in specie, 51,175 06
,178 16
Ditto No; 4, the statement of debts due
from government, in Com’wealth’s
paper.
Ditto
in specie.
15,487 06
24,403 32
Ditto No. 7, the supposed amount of the
e.xpenses for 1833,
Making a sum that may be expected will be e.xpended
during the year ending on the 10th Oct., 1833, of
(Amount forwarded.)
4,462 55
63,724 61
20,000 00
50 00
2,500 00
10,000 00
3,000 00
650 00
25,000 00
1,200 00
3,500 00
500 00
1,473 85
131,598 46
147,534 96
39,890 38
’ K.fS
155,685 00
343,110 34
343,110 34
i;
i STfl TEME:^T exhihiiins the amount, of Revenue feceivable hy the Sheriffs and Clerks of each County, during the year ending on and including the iOlh da_
' of expenditures of each County during the same time; and shcMtig the difference betiocen the Revenue and Expenditures; also, the number of R lute Males
1831, as per the Commissioners' books filed, viz:
I>ITTO TO
CLKRKS.
TO'i'AIi AiMOUl^TS,
KEVE>'liK CHAKfiEAllEE TO SiaERIEFS.
KXPKIVBI-
TUKE EXCEE-
HBVE- DING KEVE-
JE. NUE.
TOTAL UEV.
CIIAKOED TO
SHEKinS &
CLEKKS.
TOTAL KEV-
ENUE CIIAK-
6ED TO
SHERIFFS.
lAUDITIONALI
TOTAL TAX I LISTS KEv’e
CHARGED
AMOUNT OF
EXPENDI¬
TURE.
Taverns.
Stud-IIorses,
Valuation tax on pro¬
of PROPEItTY PERTV.
TAX ON LAAV
PROOESS.ETC.
PER CO.^nI US
BOOKS.
TO SHERIFFS
COUNTIES.
$ tiUl) ‘J5:
211 03
1,092 75
037 52
250 87
894 55
267 90
719 12
350 57
580 07
590 83
180 72
052 25
571 77
002 03
1,315 37
941 14
2,305 87
302 05
503 48
307 94
291 77
3,338 50
500 25
91/ 04
741 35
401 2-S
020 20
585 93
193 30
785 51
400 00
Ou7 73
922 50
491 0.'
049 07
070 81
404 o;
880 03
1,132 19
712 30
185 13
4,183 52
531 72
057 5b
409 99
078 23 954 80'
104 77 445 17
194 09 410 23
008 88 518 85
1,830 05 1,180 74
490 47 450 88
2,099 08 1,341 49
1,803 08 1,194 08
2,880 74 1,024 21
104 02 309 91
2,7JiO 38 1,854 72
411 19 508 21
495 50 388 50 107 00
149 07 403 01
1,090 70 739 3t) 351 40
2,159 33 1,133 25
351 30 522 03
808 40 302 00
1,225 40 028 57
021 85 728 84
129 52 1,220 05
374 91 281 50
laS 90 449 24
270 21 523 02
307 00 439 94
577 09 705 81
3,168 80 1,225 38
2,414 10 1,013 14
r" 874 87 426 14
' 1,438 00 757 00
' 710 22 301 92
640 22 028 30
0*14 79 400 3(i
2,428 03 630 22
1,343 93 942 87
194 48 1,081 37
1,857 87 2,780 78
^ 785 02
527 04
404 41
1,223 28
042 03
4,020 27
201 57
1,688 11
592 21
803 41
984 25
305 87
288 13
912 00
OOS 89
1,206 18
1,900 25
2,337 55
292 03
501 02
220 52
317 44
5,4 ;0 70
285 39
1,530 .M
1,737 82
770 O^a
5:3 25
1,023 89
333 30
195 10
2-19 13
1,407 11
1,927 5.
400 9o
153 52
929 0..
041 25
529 3ti
1,910 -lO
1,231 02
180 44
1,110
727
928
1,352
1,041
2,070
454
2,023
900
1,001
1,280
001
547
1,172
1,108
1,781
1,509
1,094
930
792
407
07;3
2,43')l
03/5
2 , lot"'
1,134
984
944
1,815
512
4- 8
027
*1,292
1,558
812
407
884
1,002
800
1,843
2,008
242
13,473
1,164-
047
933
1,470
3 '2
009
940
1,579
814
2,264
1,318
2,408
403
2,359
754
030
257
1,328
1,920
810
870
1,246
1,411
515
034
387
530
028
790
2,431
1,041
948
1,021
838
753
1,173
1,298
1,473
587
2,670
20 00 $ 940,.89 § 5e7 99
30 00 507,'.45 3.54 91
20 00 505,077 353 18
50 00 1,592,. 10 995 57
20 00 757,050 473 72
70 00 0,054.147 3,783 85
10 00 238'/23 149 21
20 00 1,980,032 1,241 84
20 00 083,721 427 33
40 00 971,.310 607 09
30 00 1,377,795 801 12
20 00 360,179 225 H
30 00 30.3,410 227 13
20 00 1,080,098 075 02
30 00 831,318 521 47
30 01) 1,420,114 887 59
00 00 2,301,000 1,438 19
130 00 3,023,978 1,889 99
320,3.32 203 90
004,319 377 09
230,903 148 00
10 00 302,723 220 70
300 00 7,092,181 4,432 02
.50 00 210,2.)0 150 10
10 00 1.901,058 1,225 00
80 00 1,839,819 1,149 89
50 00 889,411 555 88
30 00 644,894 403 00
00 00 2,033,340 1,270 87
30 00 3hi,9(i3 198 10
205,187 128 24
293,504 183 44
20 00 1,743,010 1,089 38
100 00 1,777,110 1,110 09
582,0.34' 303 77
10 00 191,238 119 52
20 00 1,050^170 000 29
10 00 709.034 443 15
,50 00 529,345 330 81
30 00 2,295,594 1,434 7y
30 00 1,509,832 943 01
20 00 21.5,788 134 87
280 00 7,753,570 4,8'45 98
40 00 2,102,812 1,314 20
10 00 370,215 231 39
40 00 405,202 290 75
30 00 2,037,074 1,273 55
30 00 140,123 91 34
10 00 215,222 134 51
80 00 729,22ii 455 77
20 00 2, H 1.088 1,.520 05
10 00 021,092 388 50
20 00 3, 402,192 2,120 37
20 00 1,818,812 1,1.30 77
70 00 3,015,037 2,259 77
10 00 150,3.12 97 71
1.30 00 3,477,740 2,173 59
20 00 412,118 2/0 34
30 00 575,300 359 50
10 00 111,100 09 -18
10 00 1,335,128 834 40
40 00 2,895,985 1,809 99
10 00 400.101 250 Oil
230 00 570,910 300 59
40 00 1,441.951 901 22
20 00 770,119 485 07
10 00 138,290 80 44
50 00 372,350 2.32 72
40 00 107,705 104 81
40 00 248,018 155 39
20 00 325,287 203 30
10 00 029, 497 393 41
100 00 3,980,305 2,-491 44
150 00 3,014,843 1,903 03
20 00 1 , 102,773 089 23
00 00 1,805,5.54 1,105 97
20 00 ; 70-1.725 477 95
40 00 749,014 408 15
30 00 ! 720,390 450 24
40 00| 3,214,787 2,027 99
30 00 1,.591.147 ' 990 53
20 Ool 221,301: 140 23
! •1419 9141 1.512 44
§; 0/0 t )2
430 04
403 41
1,104 28
504 13
4,255 77
171 57
1,403 11
515 21
702 44
984 25
20.5 87
270 03
749 50
582 3c
977 08
1,090 75
2,189 05
241 03
441 1^
105 52
255 4',
5,138 20
213 3i)
1,402 3-1
1,308 32
074 Ox
475 20
1,452 .89
2.58 eo
157 10
20/ 13
1,329 01
1,419 07
392 90
13vi
751 ov
528 7;.
435 80
1,687 40
1,034 l i
101 4.
Allair,
Anderson,
Allen,
B lone.
Bracken,
Bourbon,
Butler,
Barren,
Bullitt,
Breckinridge.
Bath,
C.Tsey,
Clay,
Caldwell,
Cuinbcrland,
Cainpnell,
Cliri.stian,
Clarke,
Calloway,
llaviess,
.Ed.nondson,
Fayette,
Floyd,
Ficiiiing,
li'ranklui,
Gallatin,
Greenup,
Green,
Gr.'int,
Graves,
Grayson,
Garrard,
Henry,
Hart,
Harlan,
Hcnder.son,
H ipkins,
Hii'kinan,
I [arrison,
Hardin,
Ifninwk,
Jell'erson and
Louisville city
.lessainiuo,
Kno.x,
Lewis,
Lincoln,
Laurel,
Lawrence,
Livingston,
Logan,
Muiilcnburg,
Madison,
Miintgoincry,
Mercer,
Morgan,
M'ason,
Monroe,
Meade,
M’Crackcn,
Nicholas,
Nel.siin,
Ohio,
Owen,
Oldham,
Pulaski,
Perry,
Pendleton,
Pike,
R'M'kcastle,
Il.tsscl,
Simpson,
Shelby,
Scott,
Spencer,
TihIiI,
Trigg,
Uttion,
Wayne,
W.xxll'ord,
Warren,
Whitley',
Washington,
778 27
519 2*1
1 31
1,170 00
1,128 29
150 03
643 91
33 59
1,358 19
009 00
1,250 53
97 02
106 99
1,090 53
1,933 42
800 90
448 73
680 34
354 30
11 92
184 43
1.797 81
411 00
95,403
.34,838 581
$10,5-22 00 l$91,097 lb' $05,580 15]
$1,779 7 . 5 I 357
Auditor’s Office, Kentucky
Franbfort, Oct. lOM, 1832.
of ihe Commifiee appointed to scute teith the ISeceivcr of M°uhUc .rtloneps for the Ij(md-3Sistrict IVest of the Tennessee Mirer
In art providing a mode for a settlemrni xinlh //*£
‘'‘'nvnt zi-w'!h him; <tn'! io make ovl a fuLl^ report of
iml the amount of moneys paid into the Treasury,
the Istdayof May, IS^’2, produce his j ^ .j _
ninations required, by said act; and do nou’ respre'j ally submit tnc following R-port, as the result of the
s for the tivid District JV slof the Tennessee f approved, the 22rl December, 1831— the under-
the nuznber of quarter sections, and fractional sections, sold by said Receiver in each year, up to
t.cceivcr, as his legal salary and commission f and report the
Ice—when the undersigned, {after the appointment of Thomas S. Page, as
:i W si of the Tf
fitfully retained by said R<
Record Books, at the Office of the Register of the Land Offit
't'no'nr'r' oifAtxi.'y iixn - jt 1. /> .1
same. vi.
Balance due on the Ctli day of June,^ 1830, (amount brought forward,)
CREDIT.
By commission for this year, -
By amount paid into the Treasury,.
Amount received from the Cth day of June, 18'J.3, (the commencement of the Receivers du¬
ties,) to tlie tith day of June, 1826, for 219 quarter sections sold, containing 39,810 acres,
at one dollar per acre, is - - - ■* - - ■ • " " "
For 33 fractional quarter sections sold, containing 3015 acres, at $T per acre, is
And for one fractional quarter section sold, containing 36 acres, at $5 314 per acre, is - ■
Total received foi the year ending Gth day of June, 1820, . . , - -
CREDIT.
Bj' commission retained this year,
By amount paid into the Treasury this year, - -- -- -- -
By balance due this year, -
By amount overpaid this year,.
To balance due on the Cth of June, 1831,.
Amount received from the Gth of June, 1831, to the 20th day of April, I83'2,
being the date the Receiver issued the last certificate of sale, and the time
the books were closed in making this selllcment, is for 942 quarter sections
sold, containing 150,720 acres, at 25 cents per acre, is - - - ^
3G fractional ditto, containing 3,387f and 3-5 acres, at 25 cents per acre, is
Total amount received from the Gth of June, 1831, to the 20th of April, 1832,
CREDIT.
By commission at the rate of $‘300 per annum, during the same period, - $
By amount paid into the Treasury, same time, ------
By balance due, same time,
To balance due on the 20th day of April, 1832, - - -.
Total amount due from Edmund Curd, Receiver of public moneys for the Land District West of
the Tennessee River, - -- -- -- -- -- -
;h, 1832. By this amount paid into the Public Treasury by said Receiver, in full of all lands
sold in said District, to the 20th day of April, 1832, -------
Mecfipitiilatiou of ihe fore,
^tfitemeuts
To Balance due this year, . - -
To balance due on the Gth day of June, 1827,
Amount received from the Cth of June, 182/, to the Ct
quarter sections sold, containing 70,100 acres, at J
25 fractional ditto, containing 2,0111 acres, at 50 cents
Total amount received for the year ending the
To balance overpaid tiiis j'car,
Makiiig,.
CREDIT.
By commission for this year.
By amount paid into the Treasury this year.
By amount overpaid this year, -
To balance due on the Gth day of June, 1828,.
Amount received from the Gth of June, 1828,. to the Gth of June, 1829, is for 187
quarter sections sold, containing 29,920 acres, at 50 cents per acre, is
137 ditto, containing 21,920 acres, at 25 cents per acre, is - - - -
11 fractional ditto, containing lOiU acres, at 50 cents per acre, is -
10 ditto, containing 9194 acres, at 25 cents per acre, is - - - -
Total amount received for the year ending Gth day of June, 1829,
CREDIT.
By commission for (his year,.
By amount paid into the Treasury this year, ------
By balance due this year, - -- -- -- - - .
A^oie.— i’lu’ tVnetiou of acres and fractions of cents are omitted in this table—it being impracticable to introduce them all,
in tlie body of the Report. The total amounts are correctly given in the as in the report.
They are, however, introduced
CUEDIT.
By amount paid Treasurer, $40,580
“ “ “ “ ; 16,037 55
“ “ “ “ 3G.913 75
“ “ “ “ 20,411 25
“ “ “ “ 20,128 40
“ “ “ “ 28,261 10
“ “ “ “ 39,380 59
nmission,
To balance due this year, ------
To balance due on the Gth day of June, 1829,
Amount received from the Gth of June, 1829, to the Cth of June, 183(
quarter sections sold, containing 2,(J8U acres, at 60 cents per acre,
43G ditto, containing G9,7C0 acres, at 25 cents per acre, is - -
8 fractional ditto, containing 423 2-.5th acres, at 50 cents per acre, is
37 ditto, containing 3,7774 acres, at 25 cents per acre, is - -
Total amount received for the year ending Gth June, 1830,
To balance, for amount overpaid this year, - - ,
|Ro salary, or expenditures for blanks, &c. are included in the foregoing statements, as they- are payable out of tin
Tlcasur)^, and the Auditor of Public Accounts lias reported the amount drawn annually. (See Ids Reports.)
The books of the Receiver were found to be in very good order, and the accounts accurately arranged. A few error.-
only were discovered, of winch the following are considered to be of tlie most importance:—
,No, 792,granted to Benja-min McNat for one quarter section, township one, range one, South-West 33. Two cer¬
tificates have issued for tlie same quarter section to said McNat. (Register’s Nos. 572 and 790.)
No. 715, granted to Thomas D. Harris for one quarter section, township two, range four, North-East 22. Two cer¬
tificates have issued for the same quarter section to said Harris. (Register’s Nos. G19 and 83G.)
No. G97—South-East, section 4, range 1, 2 West, granted to John Beauchamp.
No. 717—South-East, section 33, range 2, AVest, granted to Jacob JVIorris.
No. 501—Ephraim Alderson, South-East, section 5, township 1, range 3, West.
No. 19IG—Job W. Crabtree, South-West, section 9, township 1, range G, East.
In the foregoing cases, two certificates have issued for the same quarter section.
No. 217.5—Larkin B. Stark.
No. 2217—Joel Williams.
Both entered the same quarter section—being township 2, range 1 East, South-East 29.
In all theforegoingcases, when two certificates have issued to the same person, patents have issued tw'icc for the same
quarter section of land. The Receiver states, that one of the certificates thus issued (in each case) was intended as a
duplicate, (although not so noted,) and that the State price was only once paid: consequently lie has charged only once
in each of said cases. In the last named case, where the same quarter section was taken up by dilfercnt p'ersons, he re¬
ceived the State price from each of them, but failed to note the same upon his range or section book; but in each case
hCi charged himself witli the amount received.
The balance due, as will be seen by reference to the foregoing statements, was $13,138 40, which amount was paid
into the Treasury, as soon as the balance was ascertained. ^
All of which is respectfully submitted by
JOHN M. FOSTER, Reg. Land-Office,
JAAlES DA’V'IDSON, Treasurer,
PORTER CLAY, Aud. Pub. Accounts.
CREDIT.
By commission this year, - . -
By amount paid into the Treasury this year.
By amount overpaid this year,
To balance due on the Gth day of June, 1830, - - . . .
.Amount received from the Gth of June, 1830, to the Gth of June, 1831, is for 7
quarter sections sold, containing 1,120 acres, at 50 cents per acre, is - i
G75 ditto, containing 108,000 acres, at 25 cents per acre, is - . .
31 fr.actional ditto, containing 2,.5604 acres, at 25 cents per acre, is
1 ditto, containing 31 acres, at 50 cents per acre, - - . . .
Total .amount received for the year ending Gth June, 1831, - - j
To balance for amount overpaid this year, -----
Making..
Teste,
Tiio-s. S. Page, Clerk.
p
C
a
V.
c
o
Acres in siime, at
per acre.
No. of qr. sections.
Acres in same, at 50
cents per acre.
No. of qr, sections.
Acres in same, at 25
cents per acre.
No. fractional qr. sec’s.|
Acres in same, at
r§5 314 per acre.
No. frac. (|r. sections.
Acres in, same, at $1
per acre.
No, frac. qr. sections, j
)319
39,840
1
3G
3S 3,015
2G
4,160
15G
24,900
3 349 10
410
70,400
25
187
29,920
137 21,920
11
13
2,080
436 69,760
8
7
1,120
675 108.000
1
9T2 150,7-20
275
4!,000
803
128,180
2190 350,409 1
1
or
11 3,304 55
,$41,000
.$64,240
$87,G0oi
.$19! 4
533014
Dec. 5.] HOUSE OF REPRESENTATIVES. 37
Amount brought forward, $‘343,110 34
From which deduct the ex|jectod receipts, as in tlie
foregoing statement, No. 8, 131,598 40
Leaving a supposed balance due from government
on the 10th day of October, 1833, of |;211,511 88
The Speaker also laid before the house a letter from tlie Treas¬
urer of the Commonwealth, enclosing his annual report, exhibit¬
ing the state of that office, and of the amount of money received
and paid during the last fiscal year, ending on the 10th day of Oc¬
tober last; which is in the following words, viz:
Franhfort, iSth December, 1632.
SIR—You will please lay before the honorable house over which you
preside, the enclosed .statement; which gives a concise view of (he situa¬
tion of the Treosury department, from ihe 11th day of October, 1831,
to the lOth day of October, 1832, inclusive.
I have the honor to be, very respectfully.
Your obedient servant,
JAMES DAVIDSON, Treasurer.
John J. Crittenden, Esa. Speaker of the House of Refs.
a
A statement shewing the amount of moneys received by the Treasurer
(under their appropriate heads,) from the lit// day of October, 1831,
to the iOth day of Orlobcr, 183 J, inclusive.
Bank Stock Fund—
From Headlight lands,
“ Land Warrants.
“ Non-residents’ Lands,
“ Sheriffs, for Revenue,
“ Clerks, for Taxes,
“ Register of the Land Office,
“ Secretary of State,
283 00
2,783 35
11,516 45
1,053 49
10 45
“ Lands West of Tennessee River,
“ Lands West of Cumberland River,
“ Warrants to be laid on forfeited Lands,
“ Do to confirm Titles,
“ Miscellaneous Receipts,
“ Bank of the Commonwealth of Kv. (net profits,)
“ Distribution of Stock from the Bank of Kentucky,
in Commonwealth’s jiapcr,
“ Distribution of Stock from the Bank of Kentuck}’',
in specie.
Total amount received during tlie year ending the 10th
day of October 1832,
$ 3,006 95
1,818 49
70,698 82
12,.5S0 39
32,428 59
568 30
75 00
30 00
45 S3
24,151 85
14,917 50
13,8.59 31
fl74,141 06
JOURNAL or Tllli
Total amount received in specie,
“ in ConnnonweaJth’s paper,
A statement shewing the amount of warrants paid by the
(under their appropriate heads,) from the 1 ith day oj Uc
to the lOth day of October, 1832, inclusive.
On Criminal Prosecutions,
For Lunatics,
To Jailors,
For Cicrks Services,
To Sheriffs, for Revenue,
Salaries of the Executive and Judicial Departments,
Executive Offices,
Contingent Expenses,
Coiiiiiiissi'iners of Tax,
Mi.'itarv Expenses,
Mono)' llel'unded,
Greenup County Bridge,
Dis.rilmting the Acts and Journals,
Turnpike Roads, in Cummonwealtli’s paper,
Tiirnuike Roads, in specie.
Bridges, in specie.
Slaves Executed,
Appropriation Nov. Session, 1831,
Appropriation Nov. Session, specie, 1831,
Legislature Nov. Session, 1831,
Decisions of the Court of Appeals,
Sheriffs, comparing palls.
Attorneys for the Commonwealth,
Pul-lie communications—Commonwealth’s paper.
Public communications—in specie,
I'ublic Printer,
Institution for the Tuition of the Deal and Dumb,
Public Roads,
Total amount of warrants paid from the 11th of October,
1831, to the 10th October, 1832,
Total amount of warrants paid, in specie,
pitto in Commonwealth’s paper,
Total amount of warrnn^s paid in Commonwealth’s pa¬
per, from the 11th of October, 1831, to the 10th
of October, 1832,
Stock subscribed during the same time.
Making the sum of,
(Amount forwarded.)
I
)2
iO
Dec. 5.] * HOUSE OF REPRESENTATIVES.
(Amount brought forward.)
Balance due from government on the lOtli of Oct. 1831,
Making,
From which deduct the receipts, as per statement No. 1.
Leaving a balance due from government on the 10th of
October, 1832, in Commonwealth’s paper.
Total amount of warrants paid in specie, from the lltli
of October, 1831, to the 10th of October, 1832,
Stock subscribed during the same time, in specie.
Total specie paid,
Balance due from government on the 10th of Oct., 1831,
1 ’ rom which deduct the above receipt for stock.
Balance due from government, (in specie,) on the 10th
of October, 1832,
Amount due 10th October, 1832, in Com’wth’s paper,
in specie.
103,147 45
03,494 17
250,041 02
100,281 72
96,359 90
33,139 65
13,859 34
40,998 99
18,035 41
65,034 40
13,859 34
51,175 00
90,359 90
51,175 00
: : Balance due from government 10th October,.1832, .$‘147,534 90
JAMES DAVIDSON, Tr.
tl r* before the house the report of Edmund
J Curd, Receiver of I ubhc Moneys, for the land district West of the
I Tennessee river, containing a statement of the amount of money
1 by him, since his settlement with the state in Mav last
I which IS as follows: •' ’
['ji V'ArnsBORo’, Kextuckv, J
I Receiver’s Office, November 21, 1832.)
'W. Assembly, approved 22d December, 1831, re-
;!|:quivmg of the Receiver to receive in payment, for lands sold in the land
. |district west of the Tennessee river, specie, bills upon the Bank of the
^United S'ates, or its liranches, and to allow to the persons making pay-
'4ment m such funds, fiv.e per cent, upon the same, and to keep an^accu-
, ^ rate account of such good funds as he may receive, as well as of the
^Commonwealth’s Itank paper, distinctly and separately; the undersi-med
.|receiver of public moneys of said district, asks leave to make the follow-
,iing report, viz:
Received in Commonwealth’s bank paper, since the settle-
. ment made at Frankfort in May last with the ren-ister
auditor and treasurer, ’.$15,585 43|
,, ■“ (Amount forwarded.)
JOURNAL OF THE
(Amount brouglif forward.)
In specie and United States’ bank bills,
Five per centum allowed by law,
Total amount, including the percent, on good funds, 7,370 43J
Conunission, or per centage, for 1831 and 1832, 600 00
Due the state,.$16,770 40|
All of which is respectfully submitted to the honorable Legislature of
the Commonwealth of Kentucky.
EDMUND CUllD,
Receiver of Public Moneys West of the Tennessee river.
P. S. In addition to what has been set forth by the undersigned, he
will now beg leave to represent, that owing to the great e.xertion of the
occupants of the country to save their improvements, before the e.xpira-
lion of the term giving time e.vclusivc right of entry, by act of the last
General Assembly, there has been a greater number of entries made
since May last than was anticipated. Most or all of the valuable lands
have been taken up; and at the present price there will, in all probabil¬
ity, be but few entries made during the ensuing year. lie is of
opinion, that it is to the interest of the state to dispose of all the lands
v/hich are vacant, as soon as practicable; and it would no doubt enhance
the value and condition of the country very much. To effect this desi¬
rable object, he would recommend a reduction of the jtrice of the vacant
lands, so as to induce the people to immediately appropriate and take
up so much of the vacant lands as are worth possessing. He is of opin¬
ion, that the proper course of legislation in relation to this subject, is to
graduate the price of the public lands according to their value,- an ob¬
servance of this rule must necessarily produce a reduction of the price,
inasmuch as none of the lands remain vacant except the refuse, &c.
EDMUND CURD.
1. Mr. Bales presented the petition of sundry citizens of the
county of Harlan, praying that a law may pass, authorizing the
erection of a turnpike gate at iMartin’s Fork, on the road from
Cumberland Ford, by Harlan Court-house, to the ATrginia line.
“2. Mr. AV. Thomas presented the joint and separate petition
of Michael and Judy Tracy, praj ing that they may be divorced
from each other.
3. Mr. Brown presented the petition of sundry citizens of the
county of Jessamine, praying that an additional constable may be
allowed to said county.
r)EC. 5.] HOUSE OF REPRESENTATIVES.
4. Mr. Gorin presented the petition of George Galloway and
others, praying that a law may pass authorising the sate of the
dower interest of Mary Goodwin, (the mother of the petitioners,)
in seventy-five acres of land.
5. Mr. Cook presented the petition of Rennet O’Neal and Jane
O’Neal, the guardian of an infant, Jas. Vanzart, praying that a
law may pass authorising the sale of certain real estate belonging
to said ward.
6. Mr. Bates presented the petition of Nancy Williams, pray¬
ing a divorce from her husband, Thomas Williams.
7. Mr. E. Smith presented the petition of sundry citizens of
I Laurel county, praying that a part of the Tmnpike and Wilder-
I ness state road may be placed under the jurisdiction of the coun¬
ty court of Laurel.
, 8. Mr. Prince presented the petition of Samuel Black, admin-
^ istrator of the estate of Absalom Solomon, deceased, praying that
a law may pass to authorise the sale of certain real property of
said Solomon, lying in the county of Caldwell.
9. Mr. Henry presented the petition of Claiborne Brewer, pray-
' ing that his name may be changed to Claiborne Grace.
10. Mr. Short presented the petition of John Fentress, praying
that about fifty acres of land owned by him, and lying on Green
^ river, in the county of Muhlenburgh, may be laid off' into town
lots, and the title thereof vested in certain trustees, and a town
)' established thereon.
11. Mr. Marshall presented the petition of James Parish, a cit-
izen of Woodford county, praying that a law may pass to author-
ise him to erect certain gates across a public road in said county.
M 12. Mr. Jef. Jennings presented the petition of Wm. McQua-
m dy, praying compensation for arresting and guarding John G. Mer-
® it and and Robert Smith, charged with larceny.
13. Mr. Murray presented the petition of John Smith, praying
that a law may pass to correct a mistake in entering the North-
m East quarter of section ten, in township three, in place of the
■ffl North-AVest quarter of section eleven, and township three; and
that a law may pass, authorising him to remove his entry.
14. Mr. S. Williams presented the petition of Giles W. Lloyd,
Iguardian of l.uther Clay, infant child of Thomas Collins, praying
’ .that a law may pass, authorising the sale of some real estate of
; his said ward.
15. Mr. Gorin presented the petition of Pamela A. Parker,
.^praying a divorce from her husband, Wm. Parker.
16. Mr. Murray presented the petition of Bartlett Hill, pray¬
ing that a law may pass to correct a mistake, committed by the
Receiver of Public money, and that he be permitted to withdraw
his entry and locate it on tire land he Intended in the first instance.
F
17. Mr. May presented the petition of Dicey Fletcher, pray¬
ing to be divorced from her husband, George Fletcher.
18. Mr. Lee presented the petition of Thomas L. Payne, agent
of the Limestone Bank, praying that a law may be passed to ex¬
tend the time of closing the concerns of said institution, and to
enable him to collect the money due it.
19. Mr. May presented the petition of sundry citizens of the
counties of Floyd, Morgan, and l.awrence, praying the establish¬
ment of an inspection for tobacco in the town of Paintsville, in
Floyd county.
20. Mr. John Jennings presented the petition of Tabitha D.
Price, praying a divorce from her husband, David Price.
21. Mr. Jef. Jennings presented the petition of sundry citizens
of the county of Breckeniidge, praying that an election precinct
i)C-established in the town of Cloverport, in said county.
Which petitions were severally received, the reading thereof
dispensed with, and referred: the first, seventh, and tenth to the
committee on internal improvements; the second, sixth, fifteenth,
seventeenth, and twentieth to the committee of religion; the third
to a select committee of Messrs. Brown, Marshall and Bates; the
ninth to a select committee of Messrs. Henry, Boone, and Harris;
the eleventh to a select committee of Messrs. Marshall, Brown, and
Wickliffe; the nineteenth to a select committee of Messrs. May,
Young, and Nuttall; the fourth, fifth, eighth, fourteenth, and eigh¬
teenth to the committee for courts of justice; the thirteenth, six¬
teenth, and twenty-first to the committee of propositions and griev¬
ances; and the twelfth to the committee.of claims.
Mr. Young, of Bath, moved the following resolution:
Resolved, That that part of the execution law which authorises •
the issuing of an executon on forfeited delivery bonds, be referred
to the committee for courts of justice; and that they report such
a modification as they may think expedient.
Which being twice read, w'as adopted.
Mr. D. White moved the following resolution:
Resolved, That the committee on military affairs be instructed
to enquire into the expediency of erecting a competent Arsenal,
in which, more effectually to secure the public arms.
■ \Yhich being twice read, was adopted.
Mr. F,. Smith moved the following resolution:
Resolved, That the committee on the judiciary be instructed to
enquire into the expediency of taking depositions in civil cases,
where the witness resides upwards of seventy-five miles from the
place of trial.
Which being twuce read, was adopted.
Mr. Heady moved the following resolution:
Resohrd, That the committee of ways and means be instructed
to enquire into the expediency of amending the act requiring tav-
JOURNAL OF THE
[Djec. 5.
Dec. 5.] HOUSE OF REPRESENTATIVES. 43
ern-keepers, pedlars of clocks, and the owners and keepers of cov¬
ering horses and jacks, to pay their taxes in advance, so as to au¬
thorise the owners and keepers of covering horses and jacks, after
obtaining and paying for a license, to stand such horse or jack in
any other county or counties other than that in which such license
was obtained.
Which being twice read, w'as adopted.
I.eave was,given to bring in the iollowing bills:
On the motion of Mr Abel—1. A bill to improve Muldrow’s
hill, within the counties of Washington and Green.
On the motion of Mr D. White—2. A bill to incorporate the
Franklin Insurance Company.
On the motion of Mr Henry—3. A bill to regulate the mode
of publishing the decisions of the Court of Appeals.
On the motion of Mr B. F. Thomas—4. A liill to continue in
force an act providing for the appointment of Commonwealth’s
Attornies, approved January 12, 1831.
On the motion of Mr Brown—5. A bill to regulate the estab-
S' lishment of ferries in this Commonwealth.
On the motion of Mr Davidson—6. A bill to extend the pow-
jlH ers of the trustees of the town of Franklin.
On the motion of Mr Harris—7. A bill to allow the Indepen¬
dent Banks in this Commonwealth further time to settle their con-
; cerns.
On the motion of Mr Hayden—8. A bill to provide for the
erection of a bridge across Main Eagle, on the state road leading
from Lexington to Ghent.
On tlie motion of Mr S. V^oung—9. A bill to vest the Gover¬
nor wdth certain discretionary power to commute certain punish¬
ments now inflicted by law on negro slaves, free negroes, and mu-
lattoes, and for other purposes.
On the motion of Mr Delaneys—10. A hill to change the mode
and allow pay for working on public highways.
' On the motion of Mr Stevenson—11. A bill to give the county
I court of Scott powder to regulate the pay to patroles of said county.
>' On the motion of Mr Wicklifte—12. A bill to auth<^se the
j county court of Estill to erect gates on the road leading from the
town of Irvine to the R,ed River Iron works.
On the motion of Mr Gorin—13. A bill to dissolve the Gener-
al Court.
; ^ On the motion of Mr Jennings, of Breckenridge—14. A bill to
’ amend the law giving compensation to witnesses, and to increase
their mileage.
On the motion of Mr Covington—15. A bill to authorise the
[ appointment of an additional constable for tlie county of Warren.
On the motion of Mr Davidson—16. A bill to change the mode
of taxing property in this Commonwealth.
44 JOURNAL OF THE [Dec. 5.
On the motion of Mr Ewing—17. A bill to improve the navi¬
gation of Muddy river. .
On the motion of Mr Simpson—18. A bill to regulate the elec¬
tion precincts in the county of Clarke.
On the hnotion of Mr. Harris—19. A bill to reduce the militia
fines in this Commonwealth.
On the motion of Mr Kennedy—20. A bill to amend the law
of evidence in prosecutions for forgery.
On the motion of Mr Boone—21. A bill to abolish the April
company muster of the militia, and to make it the duty of cap¬
tains of companies to take the strength of their companies at the
October Regimental muster annually.
On the motion of Mr Ewing—22. A bill to amend the laws im¬
posing a tax on merchandise.
On the motion of Mr Johnston, of Shelby—23. A bill to appro¬
priate the fines and forfeitures collected in Shelby county to the
Seminary in said county; and.
On the motion of Mr. Ewing—2^1. A bill to change the time
of holding certain courts in the sixth judicial district.
Messrs. Abel, McDonald, Ozborn, Allen, and Anderson, were
appointed a committee to prepare and bring in the first; Messrs.
I). Wiite, Bulter, and G. W. Johnston, the second; the commit¬
tee for courts of justice, the third, thirteenth, fourteenth, and fif¬
teenth; Messrs. B. F. Thomas, Henry and Southgate, the fourth;
Messrs. Brown, Wickliffe, and Marshall, the fifth; Messrs. David¬
son, W. Thomas, and Covington, the sixth.; Messrs. Harris, South-
gate, and Gaines, the seventh; JMessrs. Hayden, Stevenson, W.
Johnson, English, Innis, Woolley, and Dunlap, the eighth; Messrs.
S. Young, Green, and Heady, the ninth; Messrs. Delaney, Jett,
Cullej", Abel, and Crow, the tenth; Messrs. Stevenson, W. John¬
son, Nuttall, and D. White, the eleventh; Messrs. Wickliffe,
Brown, and Scrivner, the twelfth; the committee of ways and
means, the sixteenth and twenty-second; the committee on inter¬
nal improvements, the seventeenth; Messrs. Simpson, Wickliffe,
and J. White, the eighteenth; the committee on military affairs,
the ni^teenth and twenty-first; Messrs. Kennedy, Morris, Yates,
and Snort, the twentieth; Messrs. G. W. Johnston, Butler, W.
Smith, and Henry, the twenty-third; and, Messrs. Ewing, David¬
son, Lucas, and Foi’d, the twenty-fourth.
On motion—
Ordered, That the Public Printer forthwith print 150 copies of
the preamble and resolution offered on yesterday, by Mr. McAfee.
The following bills were reported from the several committees
appointed to prepare and bring in the same, viz:
By Mr Henry—1. A bill to change the time of holding the
Trigg circuit court.
I
45
1
i
i.
ft
■i
■i
Dec. 6 .] HOUSE OF REPRESENTATIVES.
2. A bill to change the name of Claiborne Brewer to Claiborne
Grace; and,
By Mr Brown—3. A bill authorising the county court of Jes¬
samine to appoint an additional constable for said county.
Which Wlls were severally received and read the first time,
and ordered to be read a second time.
And thereupon the rule of the house, constitutional provision,
and second reading of the first and third bills having been dispens¬
ed .with, the first was ordered to be engrossed and read a third
time; and the third was committed to a select committee of Messrs.
Prince, Brown, Marshall, and Bates.
And the rule of the house, constitutional provision, and third
reading of the first bill having been dispensed with, and the same
being engrossed:
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
Ordered, That the Clerk carry the said bill to the Senate and
request their concurrence.
And then the house adjourned.
THURSDAY, DECEMBER G.
1. Mr. E. Smith presented the petition of Elizabeth McClure,
praying to be divorced from her husband, Richard McClure.
2. Mr. Murray presented the petition of sundry citizens of this
Commonwealth, praying that a law may pass to grant to Polly
Campbell, a poor widow, a quarter section of land belo\v the Ten¬
nessee river.
3. Mr. Kennedy presented the petition of William Thomas, of
Bourbon county, praying that in consideration of his extreme old
age, and poverty, and his services in the early settlement of the
country, that some provision may be made for his future support.
4. Mr. S. Williams presented the petition of Dutton Loveall,
praying a divorce from his wife Sally, late Sally Roberts.
5. Mr. T. I. Young presented the petition of John Bristo, rep¬
resenting that he is aged, poor, and infirm, and that his wife has,
for 20 years past, been afflicted with disease;, and praying that
some provision may be made for the support of his wife by the
Commonwealth.
6. Mr. Murray presented the petition of sundry citizens of this
Commonwealth, praying a donation of a quarter section of land.
West of the Tennessee river, to Jane Deason, a widowed female,
with a large family of children, residing in that section of the
state.
7. Mr. W. Thomas presented the petition of AVilliam Foster,
40
JOURNAL OF THE
[Dec. 6.
of Allen county, praying that a law may pass to authorise the
county court of said county to grant him a tavern license, and to
exempt liim from the payment of the tax to the state therefor.
8. Mr. Ford presented the petition of David Cutlip and sundry
other citizens of Edmondson, Butler, and Warren counties, rep¬
resenting that the said David is the owner, by purchase, of a mill
and mill dam, erected on Green River,in Edmondson county; that
since his purchase he has discovered that said dam was erected in
violation of law; that said dam is not injurious to the navigation
of the river, and the mill is of great public convenience; and pray¬
ing that a law may pass authorising the same to remain, and to ex¬
onerate him from the penalty of the law.
9. Mr. Brown presented the petition of the heirs and legal rep-
resenttrtives of George Chrisman, deceased, the minors by their
guardian, praying that a law may pass to authorise a sale of a
tract of land in Jessamine county, which descended to them from
their deceased father.
10. Also, the petition of Mary Hord, widow of Francis P. Hord,
and of John L. Price, husband of Nancy Ilord, one of the heirs
of said Francis P. Hord, praying that a law may pass to authorise
a sale of certain real estate belonging to said decedant.
Which petitions were severally received,read and referred; the
first and fourth to the committee of religion; the second, third, sixth,
and eighth to the committee of propositions and grievances; the
fifth to the committee of claims; the seventh to the committee of
ways and means; and the ninth and tenth to the committee for
courts of justice.
A message was received from the Senate announcing the pas¬
sage of a bill entitled: j
An act for the relief of the Sheriff of Garrard county; and,
The passage of a bill which originated in this house entitled:
An act to authorise the publication of advertisements in certain
newspapers—with amendments.
The Speaker laid before the house the annual report of the
Agent and Keeper of the Kentucky Penitentiary, which is in the
following words:
To the honorable the Legislature of Kentucky:
I am happy to be permitted once more, to discharge the duty en¬
joined upon me by law, of reporting to you the condition of the Institu¬
tion over which I have the honor to preside, as the Agent and Keeper.
Althougli disease and death have walked abroad, in the immediate
vicinity of the prison, yet the convicts have been blessed with uncommon
good health, there having been but one death among them during the
last twelve months, and in that instance the deceased was about seventy-
seven years of age.
Dec. G.] house OF REPRESENTATIVES.
So intense has been the vigilance of my assistant and guard, and so
submissive have been the dispositions of the prisoners, that corporeal pun¬
ishment has been but rarely inflicted; there has not been one single at¬
tempt to escape during the last year. It would be injustice and ingra-
! titude in me, were I to omit ascribing my success this year, in an emi¬
nent degree, to my worthy and distinguished assistant, Harry I. Ander-
' son. Indeed, it is due to all whom I have employed—my son, Mr. Lane,
; and the guard—to say, that they have performed their respective du-
S ties to my entire satisfaction.
i Since my last report, twenty-nine convicts have been received; iiinc-
teen of whom were convicted of felony, (the particular offence not being
J specified in the record,) five for larceny, one for counterfeiting, one for
' perjury, and three for manslaughter. Of the whole number of convict.s,
thirty si.x have left the prison during the last year: of whom, twenty-
: seven served out their sentences, one died, and eight were pardoned—
' .some of the last having only a small part of their sentences given them.
It is due to the e.xecutive to say, that this has been done chiefly at the
rcqtiest of the keeper.
The number of convicts at this time is eighty-si.x; from which it will
appear, that during the last several years, there has been a regular de¬
crease in the number of convictions. The men are well clothed and
fed, healthy, and actively employed in various business, which yields a
reasonable profit. The prices of' different manufactured articles, and
the number of convicts, have been so much reduced, that I cannot re-
|>ort so large a profit as in former years. The Institution has sustained
%ome losses in debts, which will reduce the profits of this year to about
four thousand dollars.
I am sorry to inform you, that my constitution and health have so
much declined, that during the last spring, summer and fall, I have
been frequently confined to my bed, nearly one day in a week, on an
average; and have seldom been able to perform an entire day’s duty,
such as I have formerly bestowed; consequently, the superintendence of
the Institution has greatly fallen upon my worthy and able assistants ; and
I feel that, in my feeble situation, I cannot discharge the duties of the of¬
fice with satisfaction to the public, and credit to myself. Therefore, I
would humbly request the Legislature to permit me to relinquish my con¬
tract, and retire from the Listitution some time in the course of the ne.xt
year, if my inability should continue or increase.
I would be happy to be visited by a committee of your body, during
the early part of the session; and hope that, in your individual capacity
also, you will visit the Institution as frequently as may be convenient;
48
JOURNAL OF THE
[Dec. U.
and that you will ask and require all and every information about the
Institution which you may desire, or which it may be necessary for you
to have. On such occasions, you would much oblige me by making
yourselves known as members of the Legislature, as 1 have not the
pleasure of being acquainted with a number of your body.
I would here only add, that whenever I may retire from the Institution,
any information or assistance which I can give, either to the Legislature
or my successor in office, will be promptly and happily afforded.
All of which is, very respectfully, submitted by
Your obedient servant,
JOEL SCOTT,
Agent and Keeper of the Kentucky Penitentiary.
Mr. E. Smith read and laid on the table the following joint
resolutions;
Resolved, by the General Assembly of the Commomceallh of Ken¬
tucky, That the public lands belong, in common, to the citizens of
all the states of the confederacy.
Resolved, That after the extinguishment of the national debt,
the proceeds arising from the sale of said lands should be equally
divided among the states, according to federal representation, for
the purposes of education, internal imnrovement, and coloniza¬
tion purposes, first giving a premium to the new states in which
said lands may lie, over and above the other states.
Resolved, That rve approve of the bill which passed the Senate
of the United States, last session, proposing a distribution of the
proceeds of the public lands among the several states.
Resolved, That the Governor be requested to transmit copies of
the foregoing to each of our Senators and Representatives in Con¬
gress.
The following hills were reported from the several committees
appointed to prepare and bring in the same:
By Mr S. Williams—1. A bill to take the sense of the good
people of this Commonwealth, as to the propriety of calling a
convention.
By Mr B. S. Morris—2. A bill to amend and reduce into one
the several acts concerning the town of Augusta, in Bracken
county.
By Mr Kennedy—3. A bill to amend the law of evidence in
prosecutions for forgery.
By Mr D. T. Smith—4. A bill to provide for the collection of
fines, recoverable under the by-laws of the town of Russellville.
By Mr Thruston—.fi. A bill to prevent the importation of slaves
into this Commonwealth.
By Mr B. F. Thomas—6. A hill to continue in force an act pro¬
viding for the appointment of Commonwealth’s Attornies, approv¬
ed January 12, 1831.
Dec. 6.] HOUSE OF REPRESENTATIVES,
41)
By Mr Harris—7. A bill to incorporate the Licking river Navi¬
gation Company.
By Mr Brown—8. A bill to regulate the establishment of fer¬
ries in this Commonwealth.
By Mr Harris—9. A bill to allow the Independent Banks in
this Commonwealth further time to settle their concerns.
By Mr DIcAfee—10, A bill to amend the laws concerning the
Lunatic Asylum.
By Mr Covington—11. A bill increasing the jurisdiction of the
trustees of the town of Franklin, Simpson county; and,
By Mr Brown—L2. A bill to authorise the publication of ad¬
vertisements in the Augusta Telegraph and Bi'acken county Ad¬
vertiser.
Which bills were severally received and read the first time,
and ordered to be read a second time.
Ordered., That the Public Printer forthwith print 150 copies ol
of the fifth bill, for the use of the members of this house.
And thereupon the rule of the house, constitutional provision,
and second reading of the second, third, fourth, sixth, seventh, and
twelfth bills having been dispensed with, the second, third, fourth.
iiand sixth were committed to the committee for courts of justice;
'.the sevmnth to the committee on internal improvements; and the
;<twclfth was ordered to be engrossed and read a third time,
' And the rule of the house, constitutional provision, and third
heading of the twelfth bill having been dispensed with, and the
same being engrossed:
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
f Orde.i-ed, That the Clerk carry the said bill to the Senate and
request their concurrence.
'* Mr. Brown, from the select committee, to whom was referred
a bill authorising the county court of Jessamine to appoint an ad-
'ditional constable in said county, reported the same with an amend¬
ment, which being twice read, was concurred in; and the said bill,
as amended, ordered to be engrossed and read a third time.
And thereupon the rule of the house, constitutional provision,
and third reading of said bill having been dispensed with, and the
same being engrossed:
Resolved, That the said bill do pass, and that the title thereof
be amended to read, “an act to authorise the appointment of ad¬
ditional constables in certain counties.”
' Ordered, That the Clerk carry the said bill to the Senate and
request their concurrence.
On motion of Mr. Chilton:
Ordered, That he be excused from, and Mr. Jennings, of Breck-
enridge, be added to the committee appointed to bring in a bill to
lay off this state into congressional districts.
G
JOURNAL OF THE
[Dec. f).
Mr. E. Smith moved the following resolution:
Resolved, That the committee on the judiciary be instructed to
enquire into the expediency of prohibiting the confinement of slaves
in the Penitentiary and public jails in this Commonwealth, put
there by per'sons intending to vend them as merchandise.
Which being twice read, was adopted.
Leave was given to bring in the following bills:
On the motion of Mr S. Williams—1. A bill to pay off the de¬
ficit in the Treasury by allowing the Treasury a credit in the Com¬
monwealth’s Bank for the amount borrowed of said Bank.
On the motion of Mr Fulton—’2. A bill to establish an election
precinct in the county of Nicholas.
On the motion of Mr Stevenson—3. A bill to regulate the du¬
ties of the county court clerks.
On the motion of Mr Butler—4. A bill to regulate the duties
and increase the responsibilities of the civil officers of this Com¬
monwealth.
On the motion of Mr Gorin—5. A bill to repeal in part an act
to amend the law concerning the Trustees of the town of Glasgow,
and for other purposes, approved January, 1831.
On the motion of Mr Covington—(>. A bill further to regulate
trials of the right of property.
On the motion of Mr Hauser—7. A bill to incorporate the Fal¬
mouth Bridge Company.
On the motion of Mr Pierce—8. A bill to regulate tlie fines
and forfeitures of Russell county, and for other purposes.
On the motion of Mr Allen—9. A bill to reduce the salaries
and fees of certain officers of this Commonwealth.
On the motion of Mr Boone—10. A bill to authorise the sale
of the Lebanon meeting-house, in Todd county.
On the motion of Mr Southgate—11. A bill to amend the law
in proceedings by ejectment.
On the motion of Mr Meriwether—12. A bill to provide for
the appropriation of fines and forfeitures within the county ot
Jell’erson.
On the motion of Mr Thruston—13. A bill to increase the sal¬
ary of the Judge of the fifth judicial district of this Common¬
wealth, and for other purposes.
On the motion of Mr Cook—rl4. A bill further to regulate the
debt due this Commonwealth from the head-right settlers, on the
South side of Green river.
On the motion of Mr B. S. Morris—15. A hill to authorise the
publication of advertisements in the Augusta Telegraph and Brack¬
en county Advertiser.
On the motion of Mr Harris—16. A bill to alter the mode of
working the public roads in the county of Campbell.
IT
X)EC. 7.] HOUSE OF REPRESENTATIVES. 51
On II.C motion of Mr Young, of A bill for Ihc ben-
efit of George Coleman and others, of Bath county, and,
On the motion of Mr Harris-18. A bill for the benefit of John
W. Tibbatts, of the county of (-ampbell.
Messrs. S. Williams, Simpson, and I'ans, were appointed a com¬
mittee to prepare and bring in the first; Messi-s. Fulton, Bowling,
P Smith ^and Tuggle, the second; Messrs.' Stevenson, W. John-
fon Aliei "nd VlAfec, the third; Messrs. Butler G. M . John-
ston, and S. Young, the fourth; Messrs. Gorin, Cook, and Uoving-
ton, the fifth; the committee for courts of justice, the sixth; Messrs.
Hauser B S. Morris, Southgate, Harris, Patterson, and C'emCn,
!Sr;e,’entl,rMersm. Pierce: Peris,, end Brurnlett, the e,gh h;
Messrs. Allen, McAfee, E. Smith, and W. Thonaas, the ninth,
Messrs. Boone, Henry, and I’endleton, the tenth; Messrs. South-
fate Woollcv and jfWhite, the eleventh; Messrs. Meriwether,
Churchill, and Thruston, the-twelfth; Messrs. Thruston, Rudd,
Surchill, Meriwether, and Green, the ^^irteenA; M^
Gorin and Ewing, the fourteenth; Messrs. B. S. Moms, Krown,
and Covington, the fifteenth; Messrs. Harris, Srathgate,and Hau-
Z Bie ifteenth; Messrs. T. I. Young, B. F. Thomas May, and
E. Smith,' the se^-enteenth; and Messrs. Harris, Southgate, and
Hauser the eighteenth.
And then the house adjourned.
FRIDAY, DECEMBER 7.
1 Mr. Shepherd presented the petition of sundry citizens re,
.idL within tL bounds of Everett’s Precinct, in Greenup county,
praying that a law may pass to change the place of voting to Con-
Mr.^B. Vhomas presented the petition of Israel Rose,
praying a divorce from his wife, Polly Rose.
^ 3. Mr. Kennedy presented the petition of William Simpson,
praying a divorce from his wife, Elizabeth Simpson.
^ I. Mr. Lucas presented the petition of Susannah Johnson, pray¬
ing a divorce from her husband Hiram Johnson. . . r
5. Mr, Murray presented the petition of sundry citizens oi the
countv of’CalloWay, praying that a law may pass granting to
George Owens, a very aged and infirm man, a certain quaite
' section of land;in said county, which is noyv vacant, and on which
the said Owens now resides with a wife and several children.
6. Mr. Delaney presented the petition of sundry citizens ol t e
counties of Union, Hopkins, Livingston, and Caldwell, praying the
erection of a new county out of certain specified boundaries of
each of said counties.
.52
■TOURNAL OF THE
[Dec. 7-
7. Mr. S. Young presented the petition of Sally Crane, pray¬
ing a divorce from her husband, George Crane.
. 8. Mr. S. Williams presented the petition of Patton Martin
and Melinda Denny, administvator and administratrix of the es¬
tate of John L. Denny, prajdng a law to authorise them to sell
certain slaves belonging to said estate.
Which said several petitions were received, the reading dis¬
pensed with, and referred: the second, third, fourth and seventh
to the committee of religion; the fifth and sixth to the committee
of propositions and grievances; the eighth to the committee for
courts of justice; and the first to a select committee of Messrs.
Shepherd, T. 1. Young, and Morgan.
The Speaker laid before the house a letter from John Arm¬
strong, President of the Maysville, AYashington, Paris, and Lex¬
ington Turnpike Road Company, enclosing the annual report of
said company, accompanied by reports from the Treasurer and
engineer of said company, which are in the following words:
Maysville, 5th Dec., 1832.
To the Hon. Joiix J. Ckittexden, Speaher of the House of Rep's.
SIR—I have the honor of transmitting tlie report of the president
and directors of the Maysville, Washington, Paris and Le.xington Turn¬
pike Road Company, which you will please lay before the house ovei'
which you preside. Respectfully, your obedient servant,
JOHN ARMSTRONG, President.
To the General Assembly of the State of Kentucky:
rhe President and Directors of the Maysville, iVashington, Paris and
Lexington Turnpike Road Company, beg leave to report:
That, previous to their report made to your honorable body, at the
last session, they had caused to be put under contract thirty-nine miles
and one hundred and twenty-eight and a half poles of the road, between
the south boundary of Washington and Lexington; of whicli distance,
thirty-six miles two hundred and sixty-eight and a tenth poles will be
completed during the month of December; that by the 1st of January
next, they e.xpect to have seven toll-gates erected. They refer to the
report of John S. Williams, the superintendent of said road, dated 29th
November, 1832, herewith forwarded, to shew the progress of the work,
and the reason the road was not completed by the time mentioned in their
former report.
They also refer to the report of William Huston, jun. their Treasurer,
shewing the situation of the funds of the company.
That since the last report, the county court of Bourbon county has
subscribed one hundred shares, which will be expended in the construc¬
tion of the bridge over Stoner, at Paris, and the completion of the sec¬
tion of road attached thereto, and the corporation of Paris have subscribed
eighty shares, to be expended in the construction of the road through the
Deo. 7.] HOUSE OF REPRESENTATIVES. 53
town of Paris. Tliey have not been able to procure an additional sub¬
scription of stock by individuals, although they have used evei-y means in
their power to induce persons to subscribe. And they lament that they
are under the necessity of stating to your honorable body, that eighteen
miles two hundred and thirty-seven and two-tenths poles of the road has
not been put under contract; the cost of which, exclusive of the bridge
across Licking at the Blue Licks, will amount to ^‘9.5,484 28, accord¬
ing to the estimate of the supferintendent. 'I'jiey have despaired of
obtaining the necessary funds to complete the road, by individual sub¬
scriptions of stock, and they appeal to your honorable body for a sub¬
scription, on the part of the stale, to complete the same. They need
not urge to you the importance of the comple'.ion of the road, as being
the nearest and easiest channel of communication, between the Ohio
river and the interior of the state; that the sum necessary for its com¬
pletion, they believe, will be a good inve.stment of the funds of the state,
jitdging from the dividends declared upon that part of the road which has
been completed, from Mayvsille to the south boundary of Washington;
on the 1st of April last, a dividend of $5 50 was declared on each share
of stock, after paying all expenses, and leaving a balance in the Trea¬
sury of $23 53 cents, and on the 1st of October last, a dividend of $7
50 was declared on each share, after paying all expenses, and leaving a
balance in the Treasury of $32 41 cents, making a dividend for the year
of thirteen per cent, on the cost of that part of the road; the co.st of
which, by a reference to the former reports, will be seen, greatly ex¬
ceeded the cost, per mile, of the construction of the balance of the road;
and they have not increased the tolls since the last report.
They respectfully suggest, that if your honorable borly should author¬
ise the subscription of stock, for the completion of the road, and will au¬
thorise the President and Directors to borrow the amount necessary,
they can procure the same at a rate of interest not e.xceeding six per cent,
per annum, payable semi-annually; the principal to be paid at such lime
as shall be provided for by law. They feel confident that the road can
be completed in eighteen months or two years, and that the tolls on the
stock of the state will greatly exceed the amount paid for interest on the
sum borrowed.
They pray that a law may pass, authorising die President and Direc¬
tors to purchase an acre of land at the site of each .of the toll-gates, or
to have an acre condemned upon payment of its value, in case they can¬
not purchase; and also, at such ravines on the line of road, where the cid-
verts shall exceed the sixty feet allowed for the width of the re-ad. and
there shall exist a neces.°ity to extend said culverts to a greater ienglh.
lEI-Jiii"
to authorise a jury to assess such damages as shall be sustained m con-
sequence of such extension; and also, where culverts are already made,
that a jury shall have the power to assess the damages, if any.
All of which is respectfully submitted,
JOHN ARMSTRONG, President.
To the President and Direetors of the Maysville, Washington, Paris
and Lexington Turnpike Hoad Company:
Gexti-emex —Agreeably to a requisition of your Board, I have the
plea.sure of reporting, that the 2d division of your road, containing 10
miles 148 poles, and the first six sections of the 3d division, containing o
miles 20.5 poles, making a continuous line of 15 miles 44.3 poles, from
the south end of Washington, including two bridges, one across the North
Fork, and the other across Johnson’s Fork of Licking, are all nearly
_ 'ri.c roll HIvisinn nnntnins 11 miles 22(5.5 poles, upon which
J)EC. 7.] HOUSE OF REPRESENTATIVES. 5r.
Paris, eastwardly in Bourbon and Nicholas counties. Tliis Avill entitle
(he company to the erection of one additional gate next year, nia -mg m
all ninl gates, including the one now erected between Majsville an
Washin'^ton on the 1st division. i • * r
In conclusion, I beg leave again to call your attention to the subjec of
lettin- the remainder of the road-the unlet parts of which he m twodi.-
trictsrf country, and very disadvantageously for the travel of the parts
now fini«hin-. In Fleming and Nicholas counties, 12 miles 19n.8 poles
Sc.T»d toBourbon, b..™. P.ri. - Le.i.gKn.O ,„il=. «.4 pole,
makinn- in all 18 miles 237.2 poles, an estimate of the cost of which was
handed over to your Treasurer, and will probably be handed up in ns le-
port. It cannot but be plain to you and to every one, thatthe finished pait
of your road will be of little advantage in aiding transportaUon, w bile sue i
rough and unimproved parts are suffered to exist: and, of course, but lit¬
tle revenue ought to be expected from the investments alreadx made, un
fil the line shall present its full advantages to the traveller and carrier.
I am yours, respectfully,
JOHN S. WILLIAMS, Superintendent.
Mayseille, 29th Non. 1832.
Statement, shewing the amount of Stoch
Washington, Paris and Le.vington Turnpike Road, the amount paia
in, and the balance due.
lAm’t of Stock'Amoimtof Stock!
subscribed.
Stock subscribed for construction
of Road from Maysville to the
south end of Washington,. $ ^ 000
State subscription, .. 000
Mayslick do. by individuals, . . . I^ 'IQQ
31.900
57.900
10..536 51
Balance dse.
100
17.100
Nicholas county do. do.
Millersburg do. do.. •
Philadelphia subscription, obtain¬
ed by James Batlerton,.
Paris subscription by individuals,
Corporation of Paris,.
12,500
30,000
8,000
County court of Bourbon,. iu,uuu
Lexington subscription, by indi-
viduals,. 2J000;
Fayette county court,. i-o,m |
Philadelphia subscription, by in- 44,000
dividuals, .
54,000 30,765 50 23,234 50
30,012 70
3,740
8,000
7,387 30
1,860
20,000
TriatTes of MaysHlle,. ^8,000 8,000 20,000
Total stock,.1 .f 266 , 500 !.$ 186,887 71 .$79,612 29
JOirilNAl, OF THE
[Dec. 7.
I'Mmatc of the cost of that ■part of the Maijs-eUle, Washington, Paris
and Lexington Turnpilce Road, that is already finished and now un¬
der contract.
Cost of Road from Blaysvillc to tlic south end of Washino-.
ton, exclusive of contingencies, -
Istimate
of cost
of 2d
division,
10
miles 14.8
poles, -
Do.
do.
3d
do.
5
ii
29.5
((
Do.
do.
4th
do.
3
£l
112.7
U
Do,
do.
5th
do.
11
££
226.5
Do.
do.
6 th
do.
4
CC
263.3
iC
Do.
do.
7th
do.
5
£i
54 •
a
$28,270 on
63,067 88
26,322 97
17,396 10
68,367 99
25,298 85
22,777 59
251 502 00
Contingencies paid on the whole line from Maysville to
Lexington, - - . . .
hstnnate of probable amount of contingencies for finishing
the present contracts, including damages assessed, ex¬
penses of erection of toll-gate houses, superintendents’ sal¬
ary, &c. &c. - - . . . 7^000 00
Total estimated cost of road at present under contract, $272,119 7d
To meet the payment of which, the amount of '
stock subscribed, as per annexed statement,
.- - 266,500
Also, the amount of stock taken by Lewis Vi-
mont, to be paid by his estimates of work
done on his contract in 5th division. - ' 4 152 67
-270,052 67
Deficiency of stock subscribed is
Maysville, 2Gtli Nov. 1832.
$ 1,467 07
Statement exhihitng the amount that will he due Contractors, when pre-:
sent lettings are finished:
Amount of estimated cost of that part of the road that is
•finished and under contract, exclusive of contino’encies
Paid contractors, “ ’
251,502 09
170,554 03
Balance, to pay contractors when present lettings are fin-
. if , . . . $ 80,948 06
Add amount estimated to meet the contingencies for finish¬
ing the present lettings, including damages assessed .for
materials and light, of way, e.xpenses of erecting toll¬
houses and gates, superintendents’ salary, &c. &,c. 7,000 00
Total balaice due for present lettings, when finished, $ 87,948 06
(Amount forwarded.)
Dec. 7.] HOUSE OF REPRESENTATIVES.
57
(Amount brought forward,) ^87,948 06-
To meet the payment of which Qie following statement is
annexed:
Amount of stock paid in on the whole line, $186,887 71 «
Of which has been paid;
To contractors, $170,554 03
For contingencies, 13,617 65
-$184,171 68
Cash in Treasury, $ 2,716 03
Add balance of stock due, as exhibited in first
statement, 79,612 29
And amount of stock taken by L. Vimont, to
be paid bv work on 5th division, 4,152 67
-^ 86,480 99
Leaving a deficiency to meet the present contracts, of $ 1,467 07
Maysville, 26th November, 1832.
To the President and Directors of the M'lysville, Washington, Paris
and Lexington Turnpike Road Company:
Gextlemeix —Your Treasurer would respectfully report the annexed
statements, exhibiting the amount of stock subscribed, the amount of
stock paid in, and the balance due of said stock at the present date—
reference to the first page of this report.
The second page exhibits the estimated cost of that part of the road
already finished, and of that part now under contract.
The third page exhibits the amount that will be due contractors, when
the present lettings are completed, and shews a deficiency in the amount
of stock subscribed, to meet the estimated cost of the road now under
contract. All of which is respectfully submitted,
WILLIAM HUSTON, Je. Treasurer. '
Maysville, 26th November, 1832.
Subjoined is also a statement, shewing the amount of funds necessary
to construct and finish that part of the road not under contract.
Respectfully,
WILLIAM HUSTON, Jk. Treasurer.
Estimate of the probable cost of that part of the road not under contract,
between Maysville and Lexington, exclusive of the bridge at Licking:
Of the 3d Division, 7 miles, 3 poles, .... .$30,658 86
“ 4th “ 5 “ 192.8 “. 25,821 44
« 6(h “ 6 “ 41.4 “. 31,003 98
$87,484 28
Estimate of contingencies. 8,000 00
JOURNAL OF THE [Dec. 7.
the Senate announcing the pas-
tliis house entitled;
of holding the Trigg circuit court,
of^bills of the following titles:
the town of Warsaw, late
clerk of the Bul-
t of a committee of conference
a committee of three members, on the part
.ij consideration the ex¬
mode different from the
- ■ ) branches of
ised report their
1 to both branches of the General Assembly.
Messrs. 15. F. Thomas, Green, Kennedy, Morgan,
nd Ewing, were appointed a committee on the pait
. ..at the Clerk inform the Senate thereof.
Mr. Ewing, from the committee for courts of justice, made the
^^^The wmmittee for courts of justice have had under considera¬
tion the petition of Samuel Black, administrator of Absalom Hoh
man, deceased, praying for a law authorising the sale of about .50
acres of land and a mill thereon, referred to tiiem, and have come
A message was received from
sage of a bill which originated in
An act to change Ore time <
The passage c. -
An act to amend the law incorporating
Fredericksburg, in Gallatin county; and.
An act for the benetit of Noah C. Summers,
litt county court.
And requesting the appointment
on their part, to meet
of the Senate, for the purpose of taking into
pedienev and propriety oi adopting seme n..
one now practised in taking the joint vote of 1 le wo
the legislature; and tjiat the committee thus raise'
Dec. 7.] HOUSE OF REPRESENTATIVES. 5Si
«ion the resolution instructing them to enquire into the expedieit-
cro hddn° depositions in civil cases, when the witness res.dej
SJwL ds of”75 miles from the place of trial, and have come to the
“taSrTlSi. inexpedient at Ihia tinte to legi.lale on the
'“ifwas was then moved and seconded to amend the said report
‘hv striding out the word “meaperffrnt” and insert in lieu thereof
theivo'rd ^-expedient;” and the question being taken hereon, it
was decided in the negative—the house being equall>
The yeas and nays being required thereon by Messrs. L.
were as follows:
YE4S-Mr. Speaker, Messrs. Abel, Bell, Boone, Bramlett, Brown,
Butler, Crow, Culley, Davis, Delaney, Englisli, Ewing, Fans, Ford, Ful¬
ton, Green, Hayden, Heady, W. Johnson, Lee, Locldiart, Lucas, Maxey,
M..ntgomory, B. S. Morris, Murray, Ozborn, Nuitml, Patterson, Picke t,
Prince, Pryor, Kiffe, Sanders, Shanks, Shepherd, D. T. Smith, L. Smith,
Southgate, Srevenson, W. Thomas, Thruston, 1 uggle, Micklifte, J. Mil-
liara-s, D. White, and T. 1. Young—48.
jqAYS_Messrs. Allen, Anderson, Bates, Bowling, Chilton, Chui chill,
Collins, Cook, Copeland, Covington, Dunlap, Gorin, Hams, Harrison,
Hauser, Henry, Hill, Hughes, Innis,Jef. Jennings, Jett, G. tV. Johnston,
Kennedy, McAfee, McDonald, MvFall, Marshall, Matson, May, Megow-
an, Moriwether, Morgan, D. Morris, Pendleton, Pierce, Rudd, Senvner,
Seaton, Short, Simpson, W. Smidi, B. F. Thomas, Thompson, S. Wil¬
liams, J. Mliite, Woolley, Yates, and S. Young-48.
The said report was then concurred in.
The following bills were reported from the several committees
appointed to prepare and bring in the same, viz:
Bv Mr Soutligate, from the committee on internal impiovenients
_ 1 . A i)ill to connect the towns of Newport and Covington wfrh
Cincinnati by a bridge. in a i-ii •
By Mr Chilton, from the same committee—.. A bi to incor¬
porate a company to establish a turnpike road from the City of
Louisville, by the mouth of Salt river, Elizabethtown, Munfords-
ville, and Bowlinggreen, to the state hue, in a direction to Nash-
ville. 'w. . ,C': A o .
By Mr Green, from the committee of ways and means .J. A
bill to amend an act requiring tavern-keepers, pedlars, and the
owners of covering horses and jacks, to pay taxes in advance and
obtain license, approved Ucc. ‘i'2, 1831. < a i -i, i-
By Mr Stevenson, from the committee of religion— 4. A bill lor
the benefit of William May. j r u ■ ai
By Mr S. Williams—5. A bill to pay off the deficit m the
JOURNAL OF THE
[Dec. i.
teasiuj, by allowing the treasury a credit in the Commonwealth’s
Rank for the amount borrowed of said Bank.
By Mr D. White—G. A bill to incorporate the Franklin Insur-
ance Company.
By IMr Gorin 7. A bill to repeal in part an act to amend the
law concerning the trustees of the town of Glasgow, and for oth¬
er purposes, passed in January, 1831; and,
Bj Mr Stevenson 8. A bill to authorise the county court of*
Scott to increase the allowance to the patroles of said county.
Which bills were severally received and read the first time, and
—.......luciuieoi me nouse, constitutional provision,
and second reading of the third, sixth, and seventh bills having
been dispensed with, the third and seventh were severallv order¬
ed to be engrossed and read a third time, and the sixth was com¬
mitted to the committee for courts of justice.
And the rule of the house, constitutional provision, and third
reading of the third and seventh bills having been dispensed with
and the same being engrossed: ’
Resolved, lhat the said bills do pass, and that the title thereof
be as aforesaid.
Ordered, That the Clerk carry the said bills to the Senate and
request their concurrence.
The following bills, from the Senate, were severally read the
first time and ordered to be read a second time:
1. An act for the relief of the Sheriff of Garrard county.
2. An act for the benefit of Noah C. Summers, clerk of the
Bullitt county court; and,
3. An act to amend the law incorporating the town of War¬
saw, late Fredericksburg, in Gallatin county.
And thereupon the rule of the house, constitutional provision,
and second reading of said bills having been dispensed with, the
first and second were ordered to be read a third time, and the
third was committed to a select committee of Messrs. English
rhruston, and U. White. ’
And the rule of the house, constitutional provision, and third
reading of tlie first and second bills having been dispensed with •
Resolved, That the said bills do pass, and that the titles thereof
be as aforesaid.
Ordered, That the Clerk inform the Senate thereof.
The amendment proposed by the Senate to a bill which origin¬
ated in this house, entitled, ‘^an act to authorise the insertion of
advertisements in certain newspapers,” were twice read, and con-
61
Dec. 8.] HOUSE OF REPRESENTATIVES.
1. A bill to change tluc name of Claiborne Brewer to Claiborne
Grace.
2. A bill to take the sense of the good people of this Common¬
wealth, as to the propriety of calling a convention.
3. A bill to regulate the establishment of ferries in this Com¬
monwealth.
4. A bill allowing the Independent Banks of this Commonwealth
further time to settle their concerns.
5. A bill to amend the laws concerning the Lunatic Asylum.
G. A bill increasing the jurisdiction of the trustees of the town
of Franklin, in Simpson county, and,
7. A bill to prevent the importation of slaves into this Com¬
monwealth.
The first, second, and sixth (the first having been amended at
the Clerk’s table) were severally ordered to be engrossed and read
a third time; the fourtli was committed to the committee for courts
of justice; the fifth to a select committee of Messrs. E. Smith, Mc¬
Afee, Woolley, and Green; the seventh to a committee of the
whole house for the 11th instant; and the question being taken on
engrossing the third bill for a third reading, it was decided in the
negative, and so the said bill was rejected.
And the rule of the house, constitutional provision, and third
reading of the first bill having been dispensed with, and the same
having been engrossed:
Resolved, That tlie said bill do pass, and that the title thereof
be “an act to change the names of Claiborne Brewer and JMary
Felicia McMann.”
Ordered, That the Clerk carry the said bill to the Senate and
request their concurrence.
And then the house adjourned.
SATURDAY, DECEMBER 8.
1. Mr. T. I. Young presented the petition of sundry citizens.
of the county of Bath, praying that a law may pass to authorise
the erection of gates across a public road in said county, between
.John Harper’s and Cook’s old place.
2. Mr. Allen presented the petition of sundry citizens of Green
count)', praying a repeal of that part of the militia laws reducing
the number of company musters.
3. Mr. B. S. Morris presented the petition of John II. Rudd,
praying a divorce from his wife, Harriet P«,udd.
4. Mr. Shanks presented the petition of Stephen Sampson,
praying a divorce from his wife, Caty Sampson.
5. Mr. Jef. Jennings presented the petition -of sundry citizens
9. Mr. Prince presented the petition of Abner W. Srnith, Sher¬
iff of Caldwell, praying that a law may pass to exh nd the time
allowed by law to collect the taxes due by the ciuzmis ot said
comity, for the years 1829 and 1830, and to authorise them to col¬
lect the same. . , .• .i-..
Which said several petitions were received, the reading dis-
neiised with, and referred; the first and fifth to the committee of
propositions and grievances; the second to the committee on mil¬
itary affiurs; the third, fourth, and eighth to the committee of re-
lio-ion; the sixth to a select committee of Messrs. Ford, Lucas, and
Covincrlon; the seventh to a select committee of Messrs, f ord, Wil¬
liams, and Pierce; the ninth to a select committee of Messrs.
Prince, Henry, Pendleton, and Hughes. , „ c ii „
Mr. Butler, from the committee of claims, made the follow mg
^^^The committee of claims have had under consideration several
petitions, to them referred, and have come to the following reso¬
lutions thereupon, viz;
1, Resolved, as the opinion of this committee, that the petition
of John Bristow, praying a donation, to buy medicine for Ins al-
flicted wife, be reiefcted. ^ i
2. Resolved, That.the petition of John McQuady, praying re¬
muneration of time lost and money expended in ajiprehending and
guarding John G. Merit and Robert Smith, charged with larce-
ni', be rejected.
Which being twice read, was concurred in.
Mr. Ewing, from the committee for courts of justice, made the
following report: ,
The committee for courts of justice have, according to oi’deii
had under consideration sundry petitions to them referred, an
have come to the following resohuions thereon;
1. Resolved, That the petition of Bennet O’Neal and Jane U-
Neal, praying that a law may pass authorising the sale of a house
and lot. the property of James Vanzart, their infant ward, be
Dec. 8.] HOUSE OF REPRESENTATIVES. (Ki
ing that a law may pass authorising the sale of a house and town
lots the property of iiifcints^ be icjectod- i r i +i
3. rJoIvIcI, That tlie petition of Joseph Rutherford ^h-
ers, praying that a law may pass, authorising the sale oi a tiact
of land, the property of infants, be rejected.
VVhich being twice read, was concurred in.
A message was received from the Senate announcing the pas¬
sage of a bill which originated in this house, entitled:
An act to authorise the publication of advertisements in the
Augusta Telegraph and Rracken county Advertiser; and.
The passage of bills of the following titks:
An act to change the names of Matilda McNutt and John Mc¬
Nutt to those of Matilda Baysc and John Bayse.
An act to repeal in part an act declaring Beaver creek, in Law
"'"'An TcTto"" chanfe^tL^'SsTconstable’s district in Washington
*^°Mia Ewing, from the committee for courts of justice, to whom
was referred a bill to incorporate the Franklin Insurance Com-
'^^A hill to amend and reduce into one the several acts concern¬
ing the town of Augusta, in Bracken county; reported the same
without amendment. , .i ■ .j
Ordered, That the said bills he engrossed and read a tliiid time
on Monday next.
Mr. Green, from the committee of ways and means, made tlm
The ^mmittee of wavs and means, have had under considera¬
tion the petition of Wilfiam Foster, praying that a law may pass
authorising the county court of Allen county to grant him a tav¬
ern licensd, without the payment of the tax thereon, report the
following resolution thereon:
Resolved, That the said petition be rejected.
Which being twice read, was concurred in.
Mr. Green, from the same committee, to whom w^as referred a
bill to reduce the price of the public lands, in the district of coun¬
try West of the Tennessee river, and to protect the actual settlers
in said district; reported the same with an amendment, which be¬
ing twice read and concurred in, ordered to be engrossed an rea
a third time on Monday next.
The following bills w-ere reported from the several committees
appointed to prepare and bring in the same, viz:
By Mr Ewing, from the committee for courts oi justice—1. A
bill to ebange the mode of publishiag the decisions of the Ap¬
pellate Court of this state. _
2. A bill authorising the sale of a part of the real estate qi
erard Clark, deceased, to pay his debts.
01 JOURNAL OF THE [Dec. 8,
J. A bill lor the benefit of Mary Goodwin.
B}- ]\Ir Stevenson, from the committee of religion—4. A bill for
I he benefit of John Cook.
fi. A bill for the benefit of Mary Ann Lutes.
6. A bill for the divorce of Dicey Fletcher.
7. A bill for the benefit of William Simpson.
By Mr Green, from the committee of ways and means—8. A
bill to amend the laws imposing a tax on merchandise.
Bj' Mr T. I. Young—9. A bill for the benefit of George Cole¬
man and others.
By Mr Pierce—10. A bill to establish a road from I.ouisville
to the state line, in a direction to Knoxville.
By Mr D. T. Smith—11. A bill to amend the penal laws of
this commonwealth; and.
By Mr Shepherd—12. A bill to change the place of voting in
Everett’s and Forman’s bottom precincts, in Lewis county.
Which bills were severally received, and read the first time,
■and ordered to be read a second time.
And thereupon the rule of the house, constitutional provision,
and second readings of said bills having been dispensed with, the
first, second, third, fourth, fifth, sixth, and seventh, were sever¬
ally ordered to be engrossed and read a thii'd time; the ninth was
committed to a select committee of Messrs. Morgan, Young, and
Shepherd; the tenth to the committee on internal improvements;
and the eleventh to the committee for courts of justice.
And thereupon the rule of the house, constitutional provision,
and third reading of the first, second, third, fourth, fifth, sixth, and
seventh bills having been dispensed with, and the same beins en¬
grossed : “
Resolved, That the said bills do pass, and that the title thereol'
be as aforesaid.
Ordered, That the Clerk carry the said bills to the Senate and
request their concurrence.
Mr. Chilton, from the committee on internal improvements, re¬
ported a bill to improve the navigation of Nolin, a branch of Green
river, and for other purposes; w'hich was received and read the
first time and ordered to be read a second time.
And thereupon the rule of the house and constitutional provis¬
ion having been dispensed with, the said bill was read a second
time.
Mr. S. Williams then moved to re-commit said bill to the com¬
mittee on internal improvements, with the following instructions:
To report a bill adopting a general system of internal improve-
nientsfor the whole state, having a due regard in the disbursement
of the public funds to each portion of the state, and giving to
each section of the state its equal share of the public funds.”
It was then moved and seconded to lay the said bill and the
Dec. 8.] HOUSE OF REPRESENTATIVES.
(35
motion aforesaid on the table; and the question being taken tliere-
on, it was decided in tlie aflirmative.
The yeas and nays being required thereon, by Messrs. Shej)-
herd and E. Smith, were as iollows, viz:
YEAS—Messrs. Abel, Ba'ies,Bramlett, Brown, Collins, Cook, David¬
son, Davis, Delaney, Dunlap, English, Paris, Ford, Fulton, Green, Har¬
rison, Hauser, Jett, W. Johnson, Lockhart, McAfee, McDonald, Mar¬
shall, Maxey, Megowan, Meriwether, Montgomery, Morgan, B. S. Mor¬
ris, Ozlwrn, Nuttall, Patterson, Pendleton, Pierce, Prince, Riffe, San¬
ders, Scrivner, Seaton, Shanks, Shepherd, Short, Simpson, E. Smith, Ste¬
venson, W. Thomas, J. Williams, D. White, J. White, S. Young, and T.
I. Y'oung—51.
NAYS—^IMessrs. Allen, Andor.son, Bell, Boone, Bowling, Chilton, Cope¬
land, Crow, Covington, Culloy, Ewing, Gorin, Harris, Heady, Henry,
Hill, Hughes, Innis, Jef. Jennmgs, G. W. Johnston, Kennedy, Lee, Lu¬
cas, McFall, Matson, May, D. Morris, Murray, Pickett, Pryor, Rudd,
D. T. Smith, W. Smith, Southgate, B. F. Thomas, Thompson, Thruston.
WicklilTe, S. Williams, Woolley, and Yates—41.
dir. E. Smith, from the select committee, to vvhom was refer¬
red a bill to amend the laws concerning the Lunatic Asylum, and
lor other purposes; reported the same with an amendment, which
being twice read, w'as concurred in: and the said bill, as amend¬
ed, ordered to be engrossed and read a third time.
The said bill having been engrossed, was then read a third
time.
Resolved, That the same do pass, and that the title thereof be
as aforesaid.
Ordered, That the Clerk carry the same to the Senate and re¬
quest their concurrence.
Mr. Crow, from the select committee, appointed for that pur¬
pose, reported a bill to provide pay for grand jurors; which was
received and read the first time, as follows, viz:
Sec. 1. Be it enacted by the General Assembly of the Commou-
loealth of Kentucky, That hereafter there shall be allow^ed to each
grand juror, the sum of one dollar per day for their services, to
be paid out of the county levy.
Sf.c. 2. Be it further enacted. That it shall be the duty of each
circuit court clerk to give to feach grand juror a cei tificute, shew¬
ing the number of days he has served, and the SherilF of such
county shall receive such certificate in discharge of the county
levy due from said jur 3 'man, and pay to him the overplus, if any.
Sec. 3. Be it Jurther enacted. That the number of grand jurors,
to sciwe at any one court, shall not exceed-.
Sec. 4. Be it further enacted. That the county court of each
I
gy JOURNAL OF THE [Dec. 6.
county in this Commonwealth, shall, at their courts respectively,
“ which they settle with their sheriff, give them credit for the
“”And\liVquestion being taken on reading the said hill a^econd
time, it was decided in the negative; ajid so the said bill was
‘'“rhe yeas and nays being required thereon, by Messrs. Crow
and Ewing, were as follows: , , ^ n i
ye4 S—Messrs. Abel, Boone, Chilton, Collins, Copeland, Crow, n -
ley, Delaney, English, Ford, Fulton, Green, Harris, Hauser, Heady Hill,
Hiwhes, Lockhart, McDonald, McFail, Morgan, B. S. Morris, D. Moms,
Murray, Ozborn, Prince, Sanders, Scrivner, Shanks, Shepherc, bhoi ,
Simpson, E. Sinidi, Southgate, W. Thomas, Thompson, J. White, J. i
hams, and Yates—30.
NyYS—M essrs. Allen, Anderson, Bates, Bell, Bowling, Brnmlct,
Brown, Cook, Covington, Davidson, Davis, Dunlap, Ewing, Fans, Gorin,
Harrison, Henry, Innis, Jef. Jennings, Kennedy, Lucas, McAfee, Mar¬
shall, Matson, Ma.vey, May, Megowan, Meriwether, Montgomery, PM-
terson, Pendleton, Pickett, Pierce, Pryor, Riffe, Rudd, Seaton, D. T.
W Smith. B. F. Thomas, Thruston, Wickliffe, S. Williams, D.
67
Dbc. 8.] HOUSE OF REPRESENTATIVES.
3. Rr.solved, That tlie existing tax upon covering horses and
jacks, being cxhorijitant in amount and disproportionate with the
tax on other property of like value, is unjust and ought to be abol¬
ished, and that such property ought to be taken into the genera!
estimate of the owner, and taxed like other property.
4. Resolved, That, for the purpose of promoting justice, by
equalizing the taxes, and increasing the revenue, so as to effect
the aforesaid objects, it is expedient to amend the existing reve¬
nue laws, so as to cause the government to be supported by the
wealth of the country, without regard to the kind of property in
which it may consist, or whether it be in property or in money.
.b. Resolved, That the com.mittee of ways and means be direc¬
ted to consider the propriety of preparing and reporting a bill in
conformity with the foregoing resolutions.
Which being twice read, were committed to a committee of the
whole house for the 10th instant.
M?'. J. White read and laid on the table the following joint
resolutions;
WHEREAS, the President of these United States, has, in his
three last annual communications to Congress, urged the proprie¬
ty of immediate action upon the subject of the re-charter of the
Bank of the United States: and, whereas, at the last session of
Congress the Secretary of the Treasury Department, in his annu¬
al report, recommended the renewal of the charter of said insti¬
tution as an mfh'spcns'aJle mean. to the collection and disbursement
of liie revenue and efficient management of the finance of the na¬
tion: and, whereas, in pursuance of said recommendation, (pro¬
ceeding from the organ of the Executive,) a bill was introduced
and passed botli houses of Congress, renewing said charter, with
certain restrictive modifications, which bill was prevented from be¬
coming a law by the Veto of the Executive of the General Gov¬
ernment: and, whereas, said proposition may again come before
Congress, during the present session, by (he recommendation of the
head of the Treasury Department, or otlierwise. Therefore—
Resolved, That Congress has the constitutional power to incorpo¬
rate a Bank, such as tliat of the United States.
Resolved, That it is expedient to establish and maintain such an
institution as was proposed in the bill, of the lust session of (.'ongress.
Resolved, That it is inexpedient to establish “a National Bank,
founded upon the credit of the Government and its revenues.”
Resolved, That our Senators in Congress be instructed, and our
Representatives requested, to support a proposition, to renew the
charter of the present Bank of the United States; and to oppose
any and every proposition to establish a “National Bank, founded
upon the credit of the Government and its revenues.”
Ordered, That the Public Printer forthwith print l.bO copies
thereof, for the use of the members of (his house.
JOURNAL OF THE
Ijcavc was given to l)ring in the following bills:
On tlie motion of i^lr Woolley—1. A bill for the henellt of the
Lexington and Ohio Rail Road Company.
Oil the motion of Mr Harris—2. A bill to authorise the circuit
court of Jeiferson to appoint commissioners to investigate the af¬
fairs and settle with the agent of the Commercial Rank at Louis¬
ville.
On the motion of Mr J. AAilliams—3. A bill in lelation to the
town of Cynthiana.
On the motion of Mr Ewing—4. A bill for the benefit of Mary
Ann Patterson.
On the motion of Mr E. Smith—5. A bill for the benefit of
Chiimp Mullens, of Rockcastle county.
On the motion of Mr Heady—6. A hill to amend an act enti¬
tled, “an act to improve the navigation of Salt river.”
On the motion of Mr RifTc—7. A bill to provide for tlie im¬
provement of the road leading from the Idncoln county line, near
William Lloyd’s, in Casey county, to AVilliam Jones’, by way of
Liberty.
On the motion of Mr. Delaney—8. A bill to give mechanics a
lien on houses etc. built by them to secure them for their labor
and materials furnished.
On the motion of Mr J. White—9. A bill to amend an act en¬
titled, an act to provide for the erection of a bridge across Rock¬
castle river, on the turnpil*i and wilderness road. Approved Dec.
23, 1831.
On the motion of Mr Murray—10. A bill to amend an act en¬
titled, an act to amend the revenue laws, approved Dec. 23,1831,
so far as the same relates to the district of countiy AVest of the
Tennessee river; and.
On the motion of Mr S. Young—11. A bill to extend and ex¬
plain the jurisdiction of justices mf the peace, in relation to sums
under five pounds.
The committee on internal improvements were directed to pre¬
pare and bring in the first; Messrs. Harris, J’hruston, Meriweth¬
er, and Rudd, the second; Messrs. J. Williams, Patterson, and
Davidson, the third; the committee of religion, the fourth; Messrs.
E. Smith, J. White, and Shanks, the fifth; Messrs. Heady, San¬
ders, Harrison, and Chilton, the sixth; Messrs. Rilfe, Green, S.
Williams, Shanks, and Pierce, the seventh; the committee of prop¬
ositions and grievances, the eighth; Messrs. J. AVhite, Collins, E.
Smith, and Tuggle, the ninth; the committee of ways and means,
the tenth; and the committee for courts of justice, tlie eleventh.
And then the house adjourned.
]>BC.'10.] HOUSE OF REFRESENT.'.TIVES.
jMOjYDjIY, DECEMBER 10.
A message was rcccivctl from the Senate amiounciiig the pas¬
sage of bills which onginated in this house of the following titles:
An act to repeal, in part, an act to amend the law concerning
the trustees of the town of Glasgow, and for other purposes, pas¬
sed January, 1831.
An act authorising the county court of Jessamine and other
counties, to appoint, in their respective counties, additional con¬
stables; and.
An act to amend an act requiring tavern-keepers, pedlars, and
the owners of covering horses and jacks, to pay taxes in advance
and obtain license, approved Dec. :22, l83-i: with amendments
to the two latter bills; and the passage of a bill entitled, an act
for the relief jailors.
Mr. Prince, from the joint committee of enrolments, reported
that the committee had examined enrolled bills- of the following
titles,and had found the same truly enrolled, viz:
An act to authorise the publication of advertisements in the
Augusta Telegraph and Bracken county Advertiser.
An act to authorise the insertion of advertisements in certain
newspapers; and.
An act to change the time of holding the Trigg circuit court.
Wliereupon the Speaker affixed his signature thereto.
Ordered, That Mr. Prince inform the Senate thereof.
1. The Speaker laid before the houSe the petition cff sundry cit¬
izens of the town of Frankfort, praying an appropriation of money
for the preservation of public buildings.
2. Mr. T. I. Young presented the petition of Eliza Badger, prat ¬
ing a divorce from her husband, Robert N. Badger.
3. jMr. J. White presented the petition of sundry citizens of the
county of Madison, ])raying that a law may pass authorising the
officers of the Madison Library to erect a suitable building for
said library.
4. Mr. llenry presented the petition of Temple West, praying
a divorce from his wife, Susan West. ^
5. Mr. McFall presented the petition of sundry citizens from
Hickman county, praying that a law may be passed to give them
the privilege of voting for a suitable place for the permanent lo¬
cation of the seat of justice in said county; or that a law may pass
to constitute Moscow the seat of justice for said county.
G. Mr. Southgate presented the petition of Isabella Marshall,
praying a divorce from her husband, Joseph B. Marshall.
7. Mr. Gulley presented the petition of George A. Lawrence,
praying a divorce from his wife, Jane Lawrence, late Jane Moore.
8. Mr. Dunlap presented the petition of Squire Shipley, Asa
JOURNAL OF THE
[Uec. 10.
Shipley, Daniel Shipley, James Shipley, and Emily Shipley, heirs
and* rejH-esentatives of J^mes Shipley, by their guardian, Elijah
Bailey, praying that a lam may pass authorising tlie s;deof a cer¬
tain tract of land belonging to said heirs, lying in the county of
Fayette. t ■ j
9. Mr. Southgate presented the petition of J. G. Lindsey, tlie
Sheriff of Campbell county, praying that a law may pass to au¬
thorise the county court of Campbell, to make him an allowance
for certain delinquent lists of taxes due from citizens of said coun¬
ty, accruing in the years 182(!-7, and 8.
Which petitions were severally received, the reading thereol
dispensed with, and referred; tlie first and fifth to the committee
of propositions and grievances; the second, fourth, sixth, and sev¬
enth to the committee of religion; the third, to the committee on
education; and. the eighlli and ninth to the committee for courts
of justice. _ . . .
Mr. McAfee, from the committee of propositions and grievan¬
ces, made the following report:
The committee of propositions and grievances have had under
consideration the petition of David Cutlip of Edmondson county,
praying that a clam built across Green river, in said county, may
be legalized, or that the legislature would appoint commissioners
to review the same and report their opinion as to the propriety of (
its continuance at their next session; and are ot opinion that the
same is reasonable, so far as the appointment of commissioners for
'he purposes aforesaid is requested.
They havfc also had under consideration the petition of George
Owens, praying that, in consideration of his age and other servi¬
ces to his country, that there may be granted to him a quarter
section of land; on which he resides. West of the Tennessee riv¬
er; and are of opinion that the same be rejected.
They have also had under consideration the petition of W illiam
Thomas, of Bourbon county, praying, that in consideration of his
services in the revolutionary war. and in the early settlement of
Kentucky, that the legislature would make some provision for liis
future support; and are of opinion that a precedent of this kind
would lead to numerous other applications, inconsistent with the
settled policy of this state; and that the same be rejected.
Which^eing twice read, was concurred in.
■ Ordered, That the said committee prepare and bring in a bill
pursuant to the first resolution.
Mr. Ewing, from the committee for courts of justice, made the
following report, viz:
The committee for courts of justice have, according to order,
had under consideration, a resolution to them referred, instructing
them to enquire into the expediency of prohibiting the confine-
OF REPRESENTATIVES. A ‘
public jails; and have resol-
ed'icnt to legislate on the suljject.
•cad, was concurred in.
---rted li'om the several committees
and bring in the same, viz: .
)m the committee of propositions and grie\ -
■ the counties ol
ment of slaves in the penitentiary or
ved, that it is inexi'c::--
Which being twice r
The following bills were repor
appointed to prepare
13V Mr McAfee, frc- . ,
ances—1. A bill to establish election precincts in
Rreckcnridffe and Hancock.
^ A bill to authorise the erection of gates aero
the'Old Iron Works road, between the houses ol A
and John Harper, in Bath county.
3. A bill for the benefit ol 1 oily Campbell.
4 A hill for the benefit of Jane Deason.
5. A bill for the benefit of John Smith and Bad
Which bills were severally received and read the
ordered to be read a second time:
And thereupon the rule of the house, constituti
and second reading of the second,
ing been dispensed with, the second, third, fouith^
orLred to be engrossed and read a thud lime, a,
committed to the committee for courts of jus^^ce.
And thereupon the rule of the house, consiituli
and third reading of the second, third, and foiulh b.
RcWiW, That the said bills do pass, and that tl
Order”d^ That the Clerk carry the said bills to
request their concurrence.
IMr. Ewing, from the committee for courts ol j
was referred a bill to continue in force an act provi
pointment of Commonwealtlrs^Attormes, approv
1831: reported the same without amendment.
The house then, according to the standing on
resolved itself into a committee of Uie who e hoi
of the Commonwealth—Mj-. Allen in the chaii
time spent therein, the Speaker resumed the chair, and Mi. Alien
reporid that the committee had, according to order, had undei
consideration a resolution ofl’ered by Mr. Harrison, on Saturday-
last in relation to the revenue, and had made some jmogress there
in, but not having time to go through the same, had instructed him
to ask for leave to sit again—which was granted.
Mr. E. Smith moved the following resolution:
Resolved, That the use of this hall be given to Roheit S. 1 m-
Icy, Esq. this evening, to deliver an address upon the subject o
Colonization. , , i
Which being twice read, was adoptetl. ,
A message was received from the Governor, by Mi. Sandeis,
Secrclarj of State, announcing that the Governor had, on this
day, a])proved and signed sundry enrolled hills, which originated
in this house, of the lollowing titles;
An act to authorise the insertion of advertisements in certain
newspapers. ,
An act to change the time of holding the Trigg circuit court.
An act to authorise the publication of advertisements in tlie Au¬
gusta Telegraph and Bracken county Advertiser.
Ordered^ That the Clerk inform the Senate tliereof.
And then the house adjourned.
TUESDAY, DECEMBER 11
A message was received from the Senate announcing the pas¬
sage of bills of the following titles:
An act continuing in force the law providing for the appoint¬
ment of Commonwealth's Attornics.
An act for the benefit of William Davis, of Whitley countJ^
An act concerning executors and administrators.
An act regulating the ferry at the mouth of the Big Kcntuckj-
river, in Gallatin county.
An act to change the times of holding the Lewis and Greenup
.circuit courts, and for other purposes.
An act for the benefit of Jefferson town.
An act to legalize the proceedings of the Greenup county court,
jat their last November term.
1. Mr. Morgan presented the petition of sundry citizens of
Fleming county, praying that the election precincts iji said coun-
tyy at Poplar Plains and James Makewclfs, may be consolidated,
and that the place of voting hereafter, for the citizens residing
within the boundaries of both of said precincts, may be at p'. & 8.
Faudry’s, in the town of Hillsborough; and also the remonstrance
of sundry citizens of said county against the prayer of said pe¬
tition.
2. Mr. E. Smith presented the petition of Jane Byron, praying
a divorce from her husband, Alonzo Bywon.
3. Mr. Hughes presented the petition of Bowling Thompson,
praying a divorce from his wife. iVIargaret Thompson.
4. The Speaker presented the petition of Robert D. Owen,
praying a release from the bonds of matrimony with his late wife,
Susan W. Owen.
5. Mr. J. White jiresentcd the petition of sundry citizens of
Whitley county, praying an appropriation of money for repairing
the road leading from Whitley Court-house to Somerset, in Pu¬
laski county.
HOUSE OF REPRESENTATIVES.
AVliich said several petitions were received, the reading dis¬
pensed with, and referred; the first to the committee of proposi¬
tions and grievances; the liftli to the committee on internal im¬
provements; the second, third, and fourth to the committee of re¬
ligion.
Mr. Ewing, from the committee for courts of justice, made the
following report:
The committee for courts of justice have had under considera¬
tion the petition of the heirs and representatives of James Ship-
ley, deceased, referred to them, and have come to the following
resolution thereon:
Resolved, That said petition be rejected.
Which being twice read, was concurred in.
Mr. Ewing, from the same committee, to whom was referred “a
bill allowing the Independent Banks of this Commonwealth fur¬
ther time to settle their concerns:” reported the same with an
amendment, which being twice read, was concurred in; and the
said bill, as amended, ordered to be engrossed and read a third
time.
Mr. Ewing, from the same committee, to whom was referred a
' bill to amend the penal laws of this Commonwealth: reported the
: same, with the following amendment, in lieu of the original bill,
[ viz:
I Be it enacted by the General Assembly of the Commonwealth of
1 Kentucky, That in all cases where fines shall hereafter be recov-
\ ered from individuals, for failing or refusing to work on the pub-
i lie highways or streets, the justice, before whom such recovery
shall be had, shall state in his judgment the time, not exceeding
j five dajs, he shall be confined in the jail, in case of his failure to
pay the same; and shall endorse the said time on the execution,
^ and a capias pro fine may issue therefor, in like manner as in other
cases of fines; and in case of his failure to pay said fine and costs,
he shall be confined in the jail of the county, the length of time
designated in said judgment and execution,
i It was then moved and seconded to lay the said bill and amend¬
ment on the table until the first day of June next.
And the question being taken thereon, it was decided in the
! negative.
1 The yeas and nays being required thereon by Messrs. E. Smith
j and Ewing, were as follows:
I YEAS—Messrs. Abel, Allen, Anderson, Bow'liiig, Churchill, Collins,
,1 Copeland, Crow, Covington, Delaney, Englisli, Ford, Fulton, Hayden,
J Hill, Hughes, Jett, W. Johnson, Lockhart, McAfee, McDonald, McFall,
|j May, D. Morris, Ozborn, Patterson, Prince, Sanders, Scrivner, Shepherd,
E. Smith, Southgate, Stevenson, W. Thomas, J. Williams, S. Williams,
S D. White, and T. I. Young—38.
JOURNAL OF THE
Bell, Boone, Bramlctt, Brown,
DunUii), Ewing, Fails,
G. W.
Marshall, Matson, Maxey, Megowan,
Murray, Nuttall, Peivlleton, Pickett,
Shanks, Short, Simpson, B. T. Smith, B. F.
Yates, and S. Young
jSfAYS—Mr. SrEAKEH, Messrs. Bate;
■D ,i«r rhilton Cook, Gulley, Davidson, Davis,
Gaines, Gorin,’Harris, Harrison, Heady, Henry, Jek Jennings,
Johnston, Kennedy, Lee, Lucas, 1.
Meriwether, Morgan, B. S. M irris,
Pryor, Riffe,Rudd, Seaton,
Thomas, Thompson, Wickliffe, J.''kite, oo ey.
The said amendment was then 1
amended, ordered to be engrossed and read a thud time
.n. of Mr. Ewine, the committee jus-
rring and bringing m a
,s; and Messrs. Nuttall,
were appointed a com-
tice was dischargcu iioin y- r-
bill to exempt from execution Rowing c.
G. AV. Johnston, Stevenson and Covingtc
mittee to prepare and bring in tlie same
The Speaker laid before the house an i
mund Curd, Receiver of Public moneys,
of the Tennessee river; which is in the
Franlifort,
Beincr an assistant for Edmund Curd, Receiver of Pif
West of the Tennessee river, and being now on
2TZ- tosenle with the Auditor anil Treasurer the amc
nvade since the settlement in May last, I have discovered a.
in the report to ihe Legislature.
The amount of commission or per centage, retained by the
InreTeUlement with the ^oditor, Trea^irer and
■Rp,.-i«ter in May last, tlie Receiver did, at that
time,''re’ain for commission for the
the 6th day of June, 1832, the sum of $261 ,
consequently he is now entitled to the sum ot $ 38 33
the balance of the year’s commission.
The Receiver is also entitled to one-h^alf year s
commission, for the year ending 6th Januaiy,
1833, being . ■ ' ' __
’ Making
Amount of overcharge in commission . • ■ J
To which add the amount as reported to have been re
ceived, (In Commonwealth’s paper,) . • ^ ■
Also in specie, or United States paper, . 1,/OO uu
Five oer centum allowed by law, . •
'■ Amount --
Making the true amount received, and actually paid into
the Treasury on this day.
75
Dec. U.] house Ul' nr.rivr.oi.ix ----
.,.r :s;n “S
;:;r«rrs.p~.,„
Rl'isie, Allof»hfcliisresp»af»lly.abmitlod
EDWARD CURD, Asvxtnntfor
EDMUJiD Curd, R. P. ''U T. R.
Mr. Stevenson, from the committee of religion, made the fol¬
lowing report: consideration the
'1 he T cycaH prayiii"- to be divorced from his wife,
Kirf.»V«"“ Ind liave ,oL I & .c.lalio,,, that said pelition
:£isp;“iiilsc!S
ir'.n 7 L“,a“STura^a™^^^^^ ofcle«d .. ba eaposaed abd
read a third time to-morrow. c HIU-
bill .0 cjVilale a board
itr TSii '.o' regulate the ter™
Meriwetlier and Churchill, the second.
OrrferXThi^Mr. V/. Smith have leave of absence from the
“ Tte follow[ns“r".“ •"«
“ff;;^^rxrho;^le r:our;«f •'
Inill fn rli'^<?olve llic GencTtil Coiut. r • r
I. SI ct"Sl;.^ 7 ‘s,:^^Srst^sS.l;"ls.» de.
“'iiy Mr Stereneoa, from the committee of religion- 1 . Abill for
the benefit of Eliza Badger. wniiqrnu
bV M™ W wStomhLSmmitto
mcK. Xlu S.rb’l.rh the town of Carrolltown. m the coum
‘’’SUiSSo'IVrom the B=me committee-?. A bill to amend
the faw LiaWisbing the Turnpllte and Wilderness road.
JOURNAL OF THE
[Dec. 11.
By Mr Gaines—8. A bill for the benefit of the heirs of Law¬
rence Sandford, deceased.
By Mr E. Smitli—9. A bill to remove obstructions in certain
navigable streams in this Commonwealth.
By Mr Patterson—10. A bill in relation to the town of Cyn-
thiana.
By Mr Marshall—11. A bill for the relief of James Parish.
By Mr Simpson—12. A bill to regulate the election precincts
in the counties of Clarke and Caldwell.
By Mr Pliruston—13. A bill to increase the salary of the judge
of the fifth judicial district, and for other purposes.
By Mr Butler—14. A bill to constitute a board of internal im¬
provement for Franklin county.
By Mr Heady—15. A bill to amend the act entitled, an act to
improve the navigation of Salt river, approved 22d Dec. 1831.
By Mr Cook—IG. A bill further to regulate the debt due this
Commonwealth, foorn head right settlers. South of C.reen river;
and,
By Mr Thruston—17. A bill to regulate -the terms of the Jef¬
ferson and Oldham circuit courts.
Which bills were severally received, and read the first time,
and ordered to be read a second time.
And thereupon tlie rule of the house, constitutional provision,
and second reading of the third, fourth, fifth, sixth, seventh, eighth,
tenth, eleventh, twelfth, fourteenth, and seventeenth bills having
been dispensed with, the third, fourth, fifth, sixth, eighth, tenth,
eleventh, and seventeenth (the tenth having been amended at the
clerk’s table,) were severally ordered to be engi'ossed and read a
third time; the seventh and fourteenth was committed to the com¬
mittee on internal improvements; and the twelfth to the committee
of privileges and elections.
And thereupon the rule of the house, constitutional provision,
and third reading of the third, fourth, filth, sixth, eighth, tenth,
eleventh, and seventeenth bills having been dispensed with, and
the same being engrossed:
Resolved, That the said bills do pass, and that the titles thereof
be as aforesaid.
Ordered, That the Clerk carry-the said bills to the Senate and
request their concurrence.
Mr. S. Young, from the committee appointed for that purpose,
repotted “a bill to vest the Governor with discretionary power
to commute certain punishments now indicted by law on negro
slaves, free negroes and mulattoes:” which was received and read
the first time, as follows, viz:
WtiEUEvs, by the laws of this Commonwealth, there are sun¬
dry ollences, made punishable by death, when committed by a
slave, which if perpetrated by a free person, is made punishable.
Dec. 11.] HOUSE OF REPRESENTATIVES. 71
in the jail and penitentiary; and it is believed that (his neeessary
severity of the law might, and would he mitigated, in many in¬
stances, by a wise exercise of the pardoning power, without any
detriment to the public safety, if there was any milder punish¬
ment provided for, as an altcj'native; therefore,
Be it enacted by the General Assembly of the Commonzoealih of
Kentucky, That in ail cases Avlierc the (Jovernor shall exercise
the paidoning power vested in him, in behalf of a slave senten¬
ced to undergo the punishment of deatli, l)y any court of compe¬
tent jurisdiction, it shall and may be lawful for him to order and
direct tliat said slave shall, in lieu of the punishment of death, be
imprisoned in the jail and penitentiary of this Commonwealth.'
and kept to hard labor, as other convicts, during life; which or¬
der shall be inserted in the pardon, and constitute a part thereof.
Be it further enacted, That every such cpialitied pardon shall be
filed with the clerk of the court pronouncing the sentence of con¬
demnation aforesaid, and shall be filed away and safely kept by
him, with the indictment in the case; and it shall be the duty of
such clerk to furnish the Sheriff of tlie count}" a certified copy of
such pardon forthwith; and it shall, thereupon, be the duty of the
Shei iff to convey such slave to the jail and penitentiary, who shall
be received by the Keeper and treated as other convicts; Provi¬
ded, hoioever. That nothing herein contained shall be construed to
limit the pardoning power vested in the Governor by the consti¬
tution. The owner of any slave confined in the jail and peniten¬
tiary, in virtue of this act, shall be paid for the same as though
he 01 ' she were executed.
It was then moved and seconded to lay the said bill on the fa¬
ble until the first day of June next.
And the question being taken thereon, it was decided in the af¬
firmative.
The yeas and nays being required thereon, by Messrs. Crow
and S. Young, were as follows:
YEAS—Mr. Speaker, Messrs. Abel, Allen, Bates, Bowling, Bram-
lett, Brown, Chilton, Collins, Cook, Copeland, Crow, Covington, Davis,
Dunlap, English, Ewing, Faris, Ford, Gorin, Hayden, Hauser, Hill,
Hughes, Innis, G. W. Johnston, W. Johnson, Kennedy, Lockhart, Mc¬
Afee, McFall, Maison, May, Megowan, JMorgan, D. Morris, Ozborn,
Pendleton, Pickett, Pryor, Rifle, Rudd, Sanders, Scrivner, Shanks, Short,
Simpson, D. T. Smith, E. Smith, Stevenson, Thompson, Wicklifle, J. Wil¬
liams, S. Williams, Yates, and T. 1. Young—56.
NAYS—Messrs. Bell, Boone, Butler, Churchil', Culley, Davidson,
Delaney, Fulton, Gaines, Green, Harris, Harrison, Heady, Henry, Jef.
Jennings, Jett, Lee, Lucas, McDonald, Maxey, Meriwether, Montgom¬
ery, B. S. Morris, Murray, Nuttall, Patterson, Prince, Seaton, Shepherd,
JOURNAL OF THE
[Dec. 12.
fU i
Southgate, B. F.-Thomas, W. Thomas, Thruston, D. White, J. White,
Woolley, and S. Young—37.
And then the house adjourned.
WEDNESDAY, DECEMBER 12.
1 Mr. Tuggle presented the petition of Darcus M alley, praj-
inc- that a law may pass authorising the remi^ion of the state price
due on 200 acres of land in the county of 'Vhitley.
\lso, the petition of Jabez Perkins and Abraham Smith,
praying that the Register maybe authorised to
them for certain headlight claims to land, m the count} o ^
lev, granted by the county of Knox, on which the state
been paid, and the ccrtilicates and the
I 3. Mr. W. Johnson presented the petition of John S. I indie},
a sheriff of the county of Scott, praying that ®
authorise him to present his delinquent list and settle with the
Paymaster of tiie Regiments of militia, subject to the inspection
of the next annual Court Martial.
4. Mr. Gaines presented the petition of Mary Green, pre}i g
that a law may pass authorizing the appointment of a committee
(o take charge of the estate of her husband, William Green, a
lunatic, and person of unsound mind. , tt t? m
5. Mr. Jett presented the petition of Edward H. Eaile, late
sheriff of Hopkins county, praying that a law may pass remitting
to him the sum of $172, that being thirty per cent, in damages,
incurred by his deputies, for failing to return, in time, some execu¬
tions ill favor of the Rank of the Commonumalth. ■
6. Mr. McAfee presented the petition of sundry citizens ot the
county of Mercer, praying that a law may pass to authorise the
sale of certain real estate of the heirs of Gabriel Gaines, to pay
the debts of said Gaines. ,, c i
7. Mr. D. AVhite presented the petition of Polly Seeders, pray¬
ing a divorce from her husband, John Seeders.
8. Mr. Gorin presented the petition of sundry citizens ot the
county of Barren, praying the passage of a law to establish an
election precinct in said county.
9. Mr. Gorin presented the petition of sundry citizens o the
county of Barren, praying that an additional constable be alloiv-
ed said county. ■ , v iic
Which said petitions were severally received, the reading _ii s-
pensed with, and referred: the first, second, fifth,eighth, and nintli
to thecommUtee of propositions and grievances; the third to a se¬
lect committee of Messrs. W. Johnson, Stevenson, and D. White,
D». 12.] house of REl'KESENTATIVES, I'J
,„e fourth and Mil. to the coirm.iltoc for courts of justice i and
the scenll. to «>'U f We annoonciog the pas-
4 rr^mriiuer-»r «.„e„d t..e .... regu>.t.ng P-
'trtir “ ““:
of October last, there was ^ , thiriv-fonr dollars, (whicli
dredandffty-scrcntlm^an fre j j ^cen swelled by overdrafts
.„oun..nU.o3« ,.f No,=»be,
of the Treasurer to $101, >) advancing
improvement of the finances, as foi the
the interests of the people, and pro ^ jidUwns of dollars or
be established, “'°^'^^Ximes redeemable in gold or silver,
more; the notes of ^^h - „l,nvtpr “never tobe resuscitat-
nndor a penalty «f ^
tucky and of the Oomm , ^.^^^^^j.^ands that these funds be
hundred in the proposed Bank, so soon as it can
;:1rne:ltnvenienee,andtliattheb^ stock be taken
concur entirely S
ccllency, that nrae other ‘X^iXCould hope” that after the experience
or suflered to exist. “ ^ ’ bad of the manifold evils of a
.hich the people of ent^Y X. „ et.:: any statesman is found
depreciated cun-ency, it would lo „ ^
among us, the shver. ' They also accord with
foundation, and redeemab e m go c oi contracted, except on
the sentiment, that public debts should "O^ cr ^ « di charged so
soon .0 aeconomy an! ^ P ,,i„,
the country can cftect It. . we snou
JOURNAL OF Till-
V.. Uiu uovemor; uut neing unable to perceive, in the situation and
amount of the pubiic Lmds in tlie Banks, in the actual state of tl,e
money markets, and tlie prospective operations of tlie Bank of tlie Uni¬
ted States whilst winding up its aflhirs, the means necessary for the
establishment of a bank of the character, and adequate to the purposes
contemplated in the message, your committee feel it their duty to as¬
sign some of the reasons which have led them to a diflerent conclusion
Ihe whole capital of the state in the Bank of the Commonwealth
consists 111 the debtsowing to that institution, by individuals scattered
t roughout the country. There is no specie on hand worth namiiio--
and there are demands upon it on account of advances by the Bank of
Kentucky, and specie checks from the Treasury, amounting to nearly
tlurtu thousand dollars; which it, at this time, has no moans of payin-r
What portion of this capital will ever be realized, must, of course de¬
pend mainly on the solvency of the debtors, and cannot, therefore at this
time be estimated with precision. The officers of the bank have hereto¬
fore estimated the bad and doubtful debts at iu-o hundred and ten thousand
dollars. Assuming this estimate as being sufficiently accurate for our pre
smit purpose, the following statement will be found nearly correct.
Capital stock of the Bank of the Commonwealth, - - <SG60 540 47
Literary fund,. ,
Amounting, nomnfi%, to -."^ 45 ^^
Deduct therefrom bad debts,.
Ircasury overdrafts, up to the 30th November, 1832, - 161,853 25
Making - 371.853 25
Thus reducing the probable amount of the c
state in this bank to four hundred and twenty-ni
dred and four dollars, sixty-six cents. But this
marked, is in the hands of the debtors of the
realized by the slow process of collection. If tin
to provide a revenue adequate to tlie ordinary ei
ment, and continue to supply the deficit in the tre
of the bank, the result must be, that in the final
capital of the bank will consist in the debt of the
will ever be realised to receive the destination
E.\cellency. But if the legislature shall, at its p
the accounts between the bank and the treasure
shall create a revenue sufficient fm- ti.n
81
Dec. 12.] HOUSE OF REPRESENTATIVES.
\vc will then be enabled to look forward to a period when, the notes of
the bank having been all taken in, the residue of the debts will be col¬
lectable in specie, and the funds may be once more brought subject to
the disposal of the Legislature. By instituting an active and somewhat
pressing system of collection, most of the notes of the bank now in circula¬
tion might be taken in during the next year; after which, and not till after,
specie may be coerced from the debtors of the bank, and we might com¬
mence the laying of the solid foundation which the rae.'^sage contemplates.
In the mean time, there will be something receivable from the Bank
of Kentucky. The value of the stock owned by the state in that insti¬
tution, is like that of the Bank of the Commonwealth—uncertain. If
estimated by its present price in market, it w'ould fall short of ^50,000.
But, from information on which your committee rely, they are induced
to fix it at 07.5,000. It is expected tliat a dividend will be declared in
■Vpril nc.xt, of which the state’s portion will amount to about 030,000;
of wKich 020,000 may be in specie and the residue in notes of the
Bank of the Commonwealth. But the Bank of Kentucky has a claim
against the state for the sum of .012,500 specie, borrowed by the Bank
of the Commonwealth to pay a treasury draft; and 05,000 for another
treasury draft, which the Bank of the Commonwealth was unable to pay.
These two sums should, on principles of justice, be set olf against the
020,000 specie, before mentioned. So that we cannot look to the Bank
of Kentucky for any immediate assistance, in the establishment of the
Bank proposed in the message.
If the views of your committee be nearly coirect, the whole funds of
ihc state in the two banks will fall short of the Governor’s estimate
.0150,000, the true amount being about 500,000 instead of 050,000, no
part of w'hich (worth speaking ofj) can be realised for the purposes con¬
templated, in the coining year.
Your committee do not see how' the conclusion can be avoided, that
the means possessed by the two banks are totally inadequate to the ob¬
jects recommended by the Governor; and they therefore feel bound to en¬
ter their dissent to his plan of increasing the revenue and advancing
the public interest by means of a bank, as totally impracticable at this
time. jf.
Believing as they do, that the state is not prepared to take any part
in a specie paying bank, your committee have not thought it their duty
to make any special enquiry, in regard to the disposition or ability of in¬
dividuals to take stock in such an institution. They, how'ever, can see
no adequate inducement for capitalists to vest their funds in a state
bank at this time: the fact has gone forth to the world, that the West i.s
[Dec. U .
y .3 JOURNAL OF THE
indebted to tlie Bank of the United States in the sum of iUvUj millions
of dollars, wliich must be paid in a tew years, and witlidrawn Iroiu the
country unless that bank is re-chartored. Your committee tear that a
pressure, general, severe and continued, has commenced in the Western
country, which can be terminated only by a change in the policy of the.
administration ot the general government.
They believe that no bank, with a capital of two millions of dollars,
can exist, and do business on banking principles, while the Bank of the
United States is winding up. If such a bank were eslablished, and
every dollar of the capital actually paid in, they could not, at this time,
in safety, issue more paper than their cash on hand; these notes would
soon be received by the Bank of the United States, in payment of debts
due them, returned ‘upon the state bank and cashed. In this way, it
seems to your committee, that the specie capital of the proposed bank
would be transferred to the Bank of the United States, and in lieu there¬
of there would remain the bonds, notes, mortgages, &c. of the debtors
to the bank—a fund not very unlike that which constitutes the capital ol
the Bank of the Commonwealth. But, supposing that a state bank could
suscain itself, while the Bank of the United States is winding up, it must
be obvious that the stock would not yield a fair interest. It is upon the
credit of the bank, and not upon the specie in her vaults alone, that much
of the profits of banking operations depend. It the bank lends to the ex¬
tent of her actual capital only, its receipts cannot amount to more than
the legal interest on the same: but from this must be deducted the ex¬
penses of the institution, and the bad debts, which are occasionally crea¬
ted by the most prudent directory. The last item alone was, some years
ago, so great in the Bank of the United States, that no dividends were
declared for a considerable period. Under the most prudent manage
ment, the deductions from the income of a bank of two millions of dol¬
lars, for expenses and losses, cannot be safely estimated at less than one
and a half per cent, per annum; leaving a dividend of four and a half
per cent, to be distributed among the stockholders.
This might, in some old countries, where capital is abundant, and the
chief difficulty is to find objects of investment, be deemed a reasonable
profi ; but in this country, at the present time, is by no means adequate.
In this, as in all new countries, there is a demand for more capital than
is possessed by its citizens; an of course, the market rate of interest is
comparatively high. Add to this, that the present time, and a few years
to come, will probably constitute a period of peculiar jiressure on the
West; money will be in great demand; interest will be high, and our
capitalists will prefer keeping their funds under their own control, for the
83
■J)EC. 12.] HOUSE OF RE^RESENTATIVES.
purpose of lending upon usury, or purchasing property at a sacrifice, to
placing it in a bank, where it would yield them but a meagre profit.
These are some of the reasons which induce a belief that the stock
would not be taken, and the capital paid in, dona fide, by individuals.
They fear that, if the stock tvas taken and the payment made, the trans¬
action would be one of form merely. The money would be paid in on¬
ly to be immediately withdrawn by the same individuals. The experi¬
ence furnished by the Independent Banks should not be lost on us.
In conclusion, your committee are of opinion, that the proposed bank
would not contribute to relieve the community from pecuniary pressure^
or to relieve the Treasury from its present embarrassments.
Your committee recommend the following resolution:
Resolved, That it is inexpedient, at this time, to pass a law establish¬
ing a state bank, upon the plan proposed by the Governor.
Which being twice read, was laid on the table.
It was then moved and seconded that 3000 copies of said re¬
port be printed, for the use of the members of this house.
And the question being taken thereon, it wms decided in the af¬
firmative.
The yeas and nays being required thereon, by Messrs. Henry
and Green, were as lollows, viz:
YEAS—Mr. Sve.vker, Messrs. Bell, Boone, Brown, Butler, Chilton,
Collins, Cook, Copeland, Covington, Davidson, Davis, Dunlap, Ewing,
Faris, Gaines, Gorin, Green, Harris, Henry, Hill, Innis, G. W. Johnston,
Kennedy^ Lee, Lucas, Ma'son, Maxey, Megowan, Morgan, B. S. Morris,
D. Jlorris, Murray, Pickett, Pierce, Pryor, Riffe, Rudd, Scrivner, Sea¬
ton, Shanks, Shepherd, Short, Simpson, D. T. Smith, B. F. Thomas,
Thompson, Thruston, Tuggle, Wicklifle, S. Williams,!. White, Woolley,
Yates, S. Young, and T. I. Young—56.
NAYS—Messrs. Abel, Allen, Anderson, Bales, Bowling, Bramlett,
Churchill, Crow, Culley, Delaney, English, Ford, Fulton, Hayden, Hea¬
dy, Hughes, Jett, W. Johnson, Lockhart, McAfee, McDonald, McFall,
May, Meriwether, Montgomery, Ozbom, Nuttall, Patterson, Pendleton,
Prince, Sanders, E. Smith, Southgate, Stevenson, W. Thomas, J. Wil¬
liams, and D. White—37.
Mr. Woolley, from the committee on internal improvements,
made the following report, (accompanied by a bill for the benefit
of the Lexington and Ohio Rail Road Company.)
The committee on Internal Improvements, to whom was referred the
leave to bring in a bill for the benefit of the Lexington and Ohio Rail
Road Company, h,ave had the subject under consideration; and, after
the most mature and deliberate attention it has been able to bestow upon
84
JOURNAl/OF THE - [Dec. 12.
it, have come to the conclusion to report a bill, to authorise a loan of
three hundred thousand dollars on the credit of the Commonwealth, to
aid in the speedy completion of the great work which individual enter¬
prise has undertaken.
At this day it would surely be a useless task to speak of the benefits
which are to result to the community from a liberal and enlarged system
of public improvements. Its importance is felt and acknowledged by all ■
but while Kentucky has been talldng upon the subject, other states have
been acting, and she now finds herself surpassed by some of her younger
sisters. Ohio has followed the example of the great commercial state of
New York, called into action her vast resources by opening new chan¬
nels of trade, an 1 is now marching forward with giant steps in the road to
prosperity. The anxious inquiry has been, with the committee, if it is
not now the time to do something whicli, either in itself, or by the im¬
pulse it may give to other great works, may bring the state of Kentucky
.somewhat upon a level with her sister states. Our situation forbids, at
once, the idea of making canals, if it were even desirable to do so; but
your committee believe that they hazard nothing in assigning a decided
superiority to rail-roads over canals. The celerity of movement, the ap¬
plication of steam power, the travelling and transportation at all seasons,
and the absence of those causes which, in the neighborhood of canals,
generate disease, have produced, in the minds of those who have investi¬
gated the suljject, a decided preference for rail-roads. To such an exten t
has this feeling been carried, that rail-roads are now projected along the
the margin of canals, and even of the Hudson river.
If Ohio then could, upon her credit, borrow about five millions of dol¬
lars to open her canals, is it a startling proposition to ask, that Kentucky
should pledge her credit for much less than a half million, to aid in fur
nishing a facility of intercommunication among her own citizens, much su¬
perior to canals 1
But your committee are not satisfied to place the subject in that point
of view alone. It is believed that, under the provisions of the bill, tin;,
state will have a double security for the faithful application of the money
borrowed. If the amount were talren in stock, it might perhaps be con¬
tended that there would be no guaranty, for the faithful application of the
money, but that which would result from the integrity of the agents em¬
ployed; but individual interest, as it now stands, cannot fail to prompt to
a speedy and energetic prosecution of tlie work. When it is recollected,
that the stock held by individuals, in sums over one thousand dollars,
amounts in the aggregate to $389,900, upon which $106,303 have been
paid, being four per cent, over the amount which has been required by the
HOU^E OF REPJIE8ENTAT1VES,
directory, it seems to tlio committee, that the work lias been commenced
in good earnest, and that but little doubt can be entertained, by any rea¬
sonable mind, that it will be successfully prosecuted. Six miles of the
road is already finished, and the grading of various sections, between
that point and Frankfort, in a state of rapid progression. The comjjany
has remitted for iron, wliich enters the United States free of duty, up¬
wards ofj^26,000. It has paid out for real e.state about §9,000. The
whole amount paid, by all the stockholders, is §124,000. The road thus
far finished, the iron and the real estate, of the company, together with
whatever may be done with the money borrowed, stand bound to tlie state
for the redemption of the loan which may be effected. Other states
muk; internal impro.-ements, and look alone to the works made, by mo¬
ney borrowed, for its redemption; but, in this instance, it is proposed that
the whole §124,000 shall be a security, whatever additional sum may
be spent by the stockholders, under the requisitions of the charter, which,
under the proposed bill, must be at least equal to the amount to be bor¬
rowed on the credit of the state, shall be a security, as well as whatever
work may be done with the money borrotved. As there can be no doubt
that the work will be completed, if it should only yield an interest of trvo
per cent, on the cost, it would be more than equivalent to the si.x per cent,
upon §300,000 borrowed.
The interest of those concerned in this undertaking, apart from every
other consideration, is a sufficient testimony before hand, that the work
which may be completed by the money borrowed will, under any cir¬
cumstances, be worth its cost. There can be no danger then from bor¬
rowing the money; but, on tlic other hand, it is believed that many ad¬
vantages will result from it. The impulse which will bo given to works
of improvement will be felt throughout the country. It is believed that
upon this subject, the most sanguine expectations of the projectors of the
road will be more than realised. Turnpikes, in various directions, will
be made to connect with the road; and when once commenced, they will
gradually, but certainly, extend their branches in all directions through
the state. They will become the veins and arteries, through which will
flow the commerce and wealth of the country. If it shall be said, that
this will in time be the case at any rate, we answer, that apparent and
almost insurmountable difficulties, against the completion of any work of
public improvement, dwindle into nothing, when any one great undertak¬
ing has been speedily and successfully accomplished. Works would
then be commenced with confidence and a certain ])rospect of success,
and without having to encounter that formidable opposition ivhich arises
from those who, wishing to purchase the character of superior sagacity
JOURNAL OF THE
work intencieci lor nic puniiu us lao luiu <uiu vi&iunai^ oi
ilreamiiig enthusiasts. What country ever succeeded in accomplisliing
any great work, without disregarding the croakings of those wlio wisli to
throw over a contracted policy the mantle of prophetic wisdom 1
Accomplish the work which it is intended to aid by the hill which has
been reported, and you immediately create a siifficient motive to con¬
struct a turnpike in the direction of Montgomery and Bath counties from
Le.vington, one from the same point to Richmond, another through Nich-
olasviile in the direction of Lancaster; on the other end ol the road, one
from Lcusville towards Green river, and on the various intermediate
points, branching from the rail-road into the heart of the country; and,
at the same time,you enlist the individual interest and personal exertions
of a body of capitalists, in favor of these works, as wealthy and as enter¬
prising as any to be found in our country. The resources and means of
the state might then be applied, to construct roads in those sections of
the country where there is but little wealth, and where individual enter¬
prise is unable to accomplish so desirable an object.
But, independent!)' of the impulse it will give to the general improve¬
ment of the country, it will add greatly to its wealth, in the enhancement
of the value of property and the rapid increase of the population of the
state. This ])roposition it is considered is not debateable. The whole
experience of the age in which we live, has fully demonstrated its truth.
There is not one single example of a public work, in the United States,
where this effect has not been produced. The amount of taxes it is evi¬
dent, which would be paid into the Treasury, w'ould be increased in pro¬
portion to the increase of population, and to the enhancement of the
wealth of the state, w'ithout any change in the rate of taxation. No
maxim of political economy is sounder, than that it is the interest of a
state to legislate so as to increase the value of the property of its citizens;
not that speculative, fictitious value, which receives its tinge from avari¬
cious feelings when reflected by a bauble, but a value which arises from
conferring a permanent and substantial benefit, which will stand the test
of time and of common sense.
The committee in reporting this bill, and in recommending its passage
into a law, cannot close their eyes upon the present condition of the state.
The Bank of Kentucky has long ceased to discount, and has been gra¬
dually calling in its debts, un il it has almost wound up its concerns.
'J'he Bank of the Commonwealth has been following its example, and is
now regularly calling on her debtor.®. The Bank of the United States,
whose paper has of late been our only circulating medium, will^ in all
Dec. 12.] HOUSE OF REPRESENTATIVES. 87
human probability, be compelled to pursue the same course, and that
there must be a pressure, to a greater or less extent, appears inevitable.
The committee believe, that the expenditure of the money which will bo
necessary to complete this road, will do much to alleviate this threatened
pressure. It will first be paid to the contractors, they will pay it out to
the workmen, and they to the farmers and mechanics, and it will thu.'
receive a general and ditfusive circulation. It will not bo confined to a
particular portion of the state, but, according to its \mivcrsal law, will
spread over the w'hole surface of the country until it finds its level.
The committee do not look upon the present undertaking as a more ex¬
periment, though, as such, they believe it would bo worth putting to the
test. They consider the practicability and utility of rail-road.s as settled
by e.xperience. For a number of years past, they have been in use in
England and Wales, on a limited scale, and in all instances have realised
the anticipations of their projectors. The idea of applying them on a
more e.xtended scale, is comparatively of recent origin; and it is said,
that there are now more than two thousand miles in that country, cither
in successful operation or will be in a very short time. That between
Liverpool and Manchester was commenced in the autunni of 182Li.
The difficulties v.’hich have been there overcome are almost incredi
ble. There have been two tunnels excavated under the city of Liv¬
erpool, one two thousand two hundred, and the other two hundred and
ninety-one yards long. SLx considerable eminences, most of them of
solid rock, had to be cut through. In many cases the level had to be
maintained by embankments, one of which is seventy feet above the level
of the surrounding country, and another through a morass four miles in
length. Besides this, there are sixty-two bridges and viaducts, some of
which have nine arches, with a span of fifty feet to the arch. The Bal¬
timore and Ohio Rail Road had also difficulties to encounter, which., at
first view, seemed almost impossible to be surmounted. The Allegheny
mountain, towering to the height of three thousand feet above the level
of the ocean, together with the various subordinate ridges parallel to it,
run in a transverse direction to the general course of the road. The
ridges between Baltimore and the Potomac, rise to an elevation of be¬
tween eight and nine hundred feet. At the very commencement of the
road there is a prominent ridge, running from South West to North East,
which rendered it necessary to adopt an elevation of sjxty-six feet above
tide water, for the first twelve miles. Yet these difficulties did not dis¬
hearten those who engaged in tliis magnificent work. The first stone
on this road was laid on the 4th of July, 1828, by the late venerable
Charles Carroll, then the only surviving signer of the Declaration of
our Independence.
There are no sucli difficulties in the line of the projected road, from
TiCxino-ton to the Ohio river. Tlie cost of the first six miles has not ex¬
ceeded the original estimate, although executed in the best manner,and
upon an improved plan on that originally designed. The entire road to
f,ouisvii!e. it is confidently believed, will not cost more than one million
of dollars; and the state will then have a work of a million of dollars
value, as security for the reimbursement of three hundred thousand. A.s
to the profits to be derived from tire road, the committee is constrained
to express their entire conviction, that there is nothing to fear on that
score. From evidence before them, it appears that the city of I-cxing-
ton alone pays, at this time, the sum of sixty thousand dollars per annum,
for transportation to and from the Ohio river, on. six thousand tons ol
freight. Without any increase of business whatever, the rail-road will
reap from this source, at the rate of tolls allowed by its charter, the sum
of twenty-four thousand dollars. The intermediate places, betweeu
Lexington and Louisville, would furnish at least an equal amount of
freight, and the amount paid by passengers would ensure a sufficiently
reasonable per cent, upon the capital invested. But all fears must be
dissipated, when it is recollected what an extent of country must parti¬
cipate in the immediate benefits of the road, embracing about twenty of
the richest counties in the state, with a population of not less than two
hundred and fifty thousand, and passing through the heart of the most
fertile soil upon earth.
But, in all instances, where facilities of intercourse have been increas¬
ed, the enterprise of man has been awakened, his industry has been
quickened, new resources have been developed, and the general amel¬
ioration of the condition of our species has resulted. On the great
New-York canal, towns, and villages, and cities, have sprung up, as if
by the magic wand of enchantment. In such a country as that through
which this road will pass, it must be an idle inquiry, to ask if its busi¬
ness will justify increasing, no matter to what extent, the facility of in¬
tercourse between its distant points. It is an unerring maxim, which has
stood the test of the experience of all countries, that business will in¬
crease just in proportion as you increase the facility of intercourse.
The committee is gratified to have the example of the great state of
New-York, for the measure which is now proposed. That enlightened
and patriotic state, with an eye always to her own interest, pledged her
faith and credit on behalf of the Hudson and Delaware Canal Company,
for the loan of eight hundred thousand dollars. She thereby secured,
without incurring a hazard upon her part, a speedier completion of one
of the great works of internal improvement, which individual enterprise
JOURNAL OF THE
[Hue. 12.
89
Dec. 12.] HOUSE OF lll'lERESENTATIVES.
liad given birth to. Kentucky should clierisli and foster a spirit of tliis
kind. It is (he safest, tlie most certain, as well as most speedy mode of
deriving all the advantages from an enlarged system of internal improve¬
ments. When individual interest is enlisted with public good, the iatier i.s
sure to be well attended to. In conclusion, a majority of your committee ex¬
press the confidciU hope, that tjie bill which has been reported, ^vill pass.
Mr. Chilton, fi-om the minority of said committee, made the fol¬
lowing report:
The minority of the Committee on Internal Improvements, to whom
was referred “Leave to bring in a bill for the henefit of the Lexington
and Ohio Rail Road Company,” have, in conjunction with the residue of
said committee, had that subject under consideration; and deem it due
(o themselves, and to the House, that they should also submit a brief
view of the subject referred.
They differ with the majority of the committee in their report, not
as to the importance of the work presented, nor as to the general state¬
ment of facta exhibited in that report; nor, indeed, are they less zealous
for the success of the undertaking, than even its most untiring suppoi't-
ers. But they differ in “die recommendation,” that the hill reported
should pass this legislature, for reasons, which, though satisfactory to
their own minds, may nevertheless be presented to the house in a few words.
They are, in the first place, of opinion, that to pledge their constitu¬
ents, and the state, for (he redemption of a loan, large or small, to an
individual, or to a company of. individuals, would not only be to estab¬
lish a dangerous, if not a ruinous precedent; but would be to overleap
the legitimate powers which are vested in them as representatives of
the people.
In explanation of the first view, they have only to say, that if, in this
instance, and for this company, the faith of the state should be [iledged,
other instances, numerous, if not, indeed, innumerable, would speedily
be presented, of a similar character, and sustained by similar claims,
in which an e.xtension of the same liberality .would not merely he sought
as a matter of general policy, or favour, but claimed as a matter of ab¬
solute right. In such an event, which is looked upon as inevitable, to
refuse, would subject the legislature of our state to perhaps just imputa-*
tions of partiality; while to yield, would involve the state in calamities
which it requires no extraordinary depth of penetration to foresee.
Adopt a general system of pledging the state and its citizens for the re¬
demption of loans, made in the manner proposed, and no political arith¬
metician could, as they think, present a fair view of our real condition,
or the extent of our state liabilities, which would follow. Tiie minoritv
M
JOURNAL OF THE
[Dec. 12.
are as deeply solicitous for the progress and encouragement of a well re¬
gulated system of internal improvement, as those who go farthest. But
they believe, that improvements which are undertaken by .individual
companies, and the profits of which, when completed, will belong to in¬
dividuals, and not to the state, should depend, for their progress and com¬
pletion, on individual enterprise, except in instances in which it may,
suit the convenience of the state, and the views and wishes of such com¬
panies, that the state become interested by subscribing for stock.
A word or two will exemplify their second objection. They believe,
that in selecting them as the rei^resentatives of a portion of the people
of this commonwealth, their constituents never did contemplate that
they were delegating a power to pledge their property, or the property
of the citizens of the state at large, for the purposes, and in the manner
proposed. They conscientiously believe, that if the people whom they
represent, were assembled in mass, nineteen twentieths, if not ninety and
nine hundredths, would protest against the exorcise of such power. It,
therefore, occurs to them, that, in discharge of their duty, as faithful rep¬
resentatives, aside from other weighty considerations, they should oppose
the exercise of such power, which they accordingly do. They arc op¬
posed to the passage of the bill as reported; and, therefore, most respect¬
fully submit, for the consideration of the house, the foregoing sugges¬
tions, and with the greatest possible deference for the residue of the
committee. THO. CHILTON,
GEO. W. BROWN,
STILWELL HEADY,
JEFFERSON JENNINGS.
Ordered, That said reports and bill be laid on the table: and
the Public Printer forthwith print 1.50 copies thereof, for the use
of the members of this house.
^Fhitc read and laid on the table the following joint#
resolution:
Resolved, by the General Assembly of the Commonwealth of Ken-
tuclcy. That six from the Senate and twelve from the House of
Representatives, be appointed, whose duty it shall be to proceed,
as soon as may be, to the City of Lexington, and examine into the
progress already made on the Lexington and Ohio Rail Road; the
quality of the work, and the facilities it is likely to afford, when
completed, to the commerce of the country, &;c. And the said
committee are instructed to report specially to each branch of the
General Assembly, such facts as may come to their knowledge in
said examination, together with their opinion on the utility of the
work.
And thereupon the rule of the house having been dispensed
with, the said resolution was taken up, twice read, and adopted.
Dec. 12,] HOUSE OF REPRESENTATIVES. 91
Ordered, That the Clerk cany the said resolution to the Senate
and request tlieir concurrence.
Mr. English, from the select committee, to whom was referred
a hill from the Senate, entitled “an act to amenfl the law incorpo¬
rating the town of Warsaw, late Fredericksburg, in Gallatin coun¬
ty:’’ reported the same with an amendment, which being twice
read, was concurred in; and the said bill, as amended, ordered to
be read a third time.
And thereupon the rule of the house, and third reading of said
bill having been dispensed with:
Resolved, That the said bill, as amended, do pass.
Ordered, That the Clerk inform the Senate thereof, and request
their concurrence in said amendment.
Tlie following bills were reported from the several committees
appointed to prepare and bridg in the same, viz:
Ry Mr Stevenson, from the committee of religion—1. A bill for
the relief of Susannah Johnson.
By jMr Henry—2. A bill to authorise the erection of a build¬
ing, for the use of a public library, on the public square in Rich¬
mond.
By Mr W. Johnson—3. A bill for the benefit of the SheriflT of
Scott county.
By Mr Prince— i. A bill for the benefit of Abner W. Smith,
former Sherilf of Caldwell county.
By Mr Hairis—.5. A bill to authorise the sale of Lebanon meet¬
ing-house in Todd county.
By Mr Harris—6. A bill to authorise the circuit court of Jef¬
ferson count) to appoint commissioners to investigate the affairs
and settle with the agent of the Commercial Bank at Louisville.
By Mr Stevenson—7. A bill to amend the act entitled, an act
for the benefit of revolutionaiy soldiers.
By Mr iMay—8. A bill to establish a tobacco inspection at
Paintsville, Floyd county; and.
By Mr Meriwether—9. A bill to provide for the appropriation
of fines and forfeitures in the county of Jefferson.
AVhich bills were severally received and read the first time, and
ordered to be read a second time:
And thereupon the rule of the house, constitutional provision,
and second reading of the first, second, third, fourth, fifth, sixth,
and eighth bills having been dispensed with, the first, second,
third, fourth, fifth, and eighth were severally ordered to be en¬
grossed and read a third time, and the sixth was committed to
the committee for courts of justice.
And the rule of the house, constitutional provision, and third
reading of the first, second, third, fourth, fifth, and eighth bills hav¬
ing been dispensed w'ilh, and the same being engrossed:
92 JOURNAl- OF THE [Dnc. 12,
Resolved, That the said bills do pass, ^iiid that the titles thereof
be as aforesaid. . . ’ , «
Ordcreii, Tliat the Clerk carry the said bills to the Senate and
request their concurrence.
The house then, according to the standing order of the day,
resolved itself into a committee of the whole house, on the state
of the Commonwealth—Mr. Allen in the chair—and after some
time spent therein, the Speaker resumed the chair, and Mr. Allen
reported that the committee had, according to order, had under
consideration a bill to prevent the importation of slaves into this
Commonwealth, and had made some progress therein, but not hav¬
ing time to go through the same, had instructed him to ask for
leave to sit again—which was granted.
Mr. B. F. Thomas read and laid on the table the following
joint resolution: ^ ^
Resolved, by the Senate and House of Representatives, 1 hat a com¬
mittee of three from the Senate and six from the House of Repre¬
sentatives, be appointed to examine and report the condition ot
tlie Auditors Office; that a committee of three from the Senate
and six from the House of Representatives, be appointed to ex¬
amine and report the condition of the Jreasurer s Office', that a
committee of three from the Senate and six from the House of
Representatives, be appointed to examine and report the condition
of the Register's Office; That a committee of three from the Sen¬
ate and six from the House of Representatives, be appointed to ex¬
amine and report the condition of the Penitentiary; that a com¬
mittee of three from the Senate and six from the House of Rep¬
resentatives, be appointed to examine and report the condition of
the Bank of Kentucky; and, that a committee of three from the
Senate and six from the House of Representatives, be appointed
to examine and report the condition oi the Bank of the. Common¬
wealth of Kentucky.
On motion of Mr. D. White:
Ordered, That the rules adopted for the government of the
house, be submitted to a select committee of Messrs. 'White, Mc¬
Afee, Allen, Green, and Prince, for the purposes of amendment.
Mr. E. Smith read and laid on the table the following joint res¬
olutions;
Resolved, by the General Assembly of the Commonwealth of Ren-
lucky. That our Senators be instructed, and our Representatives
be requested, to urge upon the consideration of Congress, the im¬
portance of an annual appropriation, by the General Government,
to assist in colonizing free persons of colour, on the the coast of
tlie foregoing, to each of our Senators and Representatives in
Congress.
Mr. Brown moved the following resolution:
Resolved, That the standing committees of this house be, and
the same are hereby instructed to reject all and every petition or
application to the General Assembly of this Commonwealth, to
pass bills, upon personal or local matters, where a remedy is pro¬
vided by the genei-al laws of the land.
And the question being taken on the adoption thereof, it was
decided in tl)e negative, and so the said resolution was disagreed
to.
Leave was given to bring in the following bills:
On the motion of Mr Chilton—1. A bill concerning the county
of Meade.
On the motion of Mr McAfee—2. A bill for the benefit of Lou ¬
isa dleriwether.
On ilie motion of Mr llemj—3. A bill to legalize the proceed¬
ings of the Christian and ilarren county courts, in appointing com¬
missioners of tax, under the act, approved Dec. 1S3L
On the motion of Mr Thruston—1. A bill to change the con¬
stable’s district, in the first battalion, in the 88tli Regiment of Ken¬
tucky Militia.
On the motion of Mr S. Young—5. A bill to authorise the es¬
tablishment of a road leading from llaiTodsburg to the Lexing¬
ton road from Bardsiown.-
On (ite motion of Mr Marshall—6. A bill for the relief of .Tames
Cole.
On the motion of Mr Tdelaney—7. A bill to remove obstructions
to. navigation in Trtide Wtiter, from White's mill to the mouth.
On the motion of J\Tr B. S. Morris—8. A bill to appropriate
.‘jAOOO towards building a permanent bridge across Licking river,
at fdaysville.
On the motion of itlr Ewing—9. A bill to authorise the record¬
ing of deeds, remaining unrecorded in the clerk's office of the Lo¬
gan county court, at the death of the late clerk.
On the motion of Air Earis—10. A bill for the benefit of Ste¬
phen Langford, of .Pulaski county.
On the motion of Mr Simpson—11. A bill to authorise the coun¬
ty court of Estill county to extend the boundary of the constable's
district in said county, composed of the town of Irvine; and,
On the motion of Air I.ucas—12. A bill for the benefit of Al¬
len Taylor.
Alessrs. Chilton, Hill and Culley, were appointed a committee
to prepare and bring in the first; the committee of religion, the se¬
cond and sixth; the committee for courts of justice, tlie third and
ninth; Alessrs. Thruston, Pryor and Nuttall, the fourth; Alessrs.
S. Young, McAfee and Bowling, the fifth; Alessrs. Delaney, Prince.
Dec. 12.] HOUSE OF REPRESENTATIVES.
JOURNAL OF THE
and Iluglies, the seventh; Messrs. B, S. Morris, J. MMlJiams and
Patterson, the eiglitli; the committee of ])ropo,sitions and grievan¬
ces, the tenth; Messrs. Simpson, Scrivner and Collins, the elev¬
enth; and jMessrs. Lucas, Covington and 1). T. Smith, the twelfth.
And then the house adjourned.
THURSDAY, DECEMBER ]p.
A message was received from the Senate aanouncing the pas¬
sage ot a resolution, which originated in this nouse, for appoint¬
ing a joint committee to examine the Lexington and Ohio Rail
Road.
The passage of bills which originated in this house of the fol¬
lowing titles;
An act to authorise the sale of a part of the real estate of Ev-
erard Clarke, deceased, to pay his debts; and.
An act for the benetit of Mary Goodwin: with amendments to
the latter bill.
And that the Senate had received official information that the
Governor did, on the 10th instant, approve and sign sundry enroll¬
ed bills, wliich originated therein, of the following titles:
An act for the benefit of Noah C. Summers, clerk of the Bul¬
litt count}" court; and.
An act for the relief of the Sheriff of Garrard county.
Mr. Pi-inee, from the joint committee of enrolments, reported
that the committee had examined an enrolled resolution for ap¬
pointing a joint committee to examine the Lexington and Ohio
Rail Road; and had found the same truR enrolled.
Whereupon the Speaker affixed his signature thereto.
Ordered, That M<’- Prince inform the Senate thereof.
Whereupon, Messrs. 1). White, B. S. Morris, Covington, Prince,
Abel, Allen, Pierce, Cook, S. V/illiams, Megowmn, Henry and
Woolley, were appointed a committee on the part of this house.
Ordered, That Mr. AYhite inform the Senate thereof.
1. Mr. B. F. Thomas presented the petition of sundry citizens
of the county of Montgomery, in the Red River precinct, pray¬
ing the passage of a law changing their place of voting from Rob¬
ert Gay’s, Esq. to John L. Martin’s.
2. Mr. McAfee presented t! e petition of Louisa Meriwether to
be divorced from her husband, James Meriwether.
J. Mr. Lucas presented the petition of D. W. Poor, Nicholas
Gauiier and Richard Curd, the securities of Spencer Curd, late
clerk of the Logan circuit and county court, praying that a law
may pass granting them indulgence and time to arrange and set¬
tle the claims upon, and revenue tax due from, said clerk.
Dec. 13.] HOUSE OF EEPRUSENTATIVES,
4. Mr. Woolley presented the petition of a committee of the
Directors of the Lexington library Company, praying the tax of
two per cent, imposed on sales at auction, in the city of Lexing¬
ton, lieretofore appropriated to the Transylvania University, may
hereafter be divided between that institution and the I.exington
Library Company; and,
5. Mr. Faris presented the petition of the adult heirs of Isaac
Hays, deceased, praying that a law may pass to authoi’ise the sale
of three tracts of land lying in Pulaski county, and held hy them
in conjunction with the infant heirs of Isaac Hays, deceased.
Which petitions were severally received, read, and referred:
the first, to a select committee of Messrs. B. F. Thomas, Davis
and Lee; the second, to the committee of religion; tlie third and
fifth, to the committee for courts of justice; and the fourth, to the
committee on education;
The following bills were reported from committees to whom the
same were referred, viz;
From the committee of privileges and elections—1. A bill to
regulate election precincts in the counties of Clarke and Cald¬
well.
From the committee for courts of justice—3. A bill to author¬
ise the circuit court of Jefferson county to appoint commissioners
to investigate the affairs, and settle with the agent of the Commer¬
cial Bank of l.ouisville: the former with, and the latter without
amendment.
The said bills were then ordered to he engrossed and read a
third time.
And thereupon the rule of the house, constitutional provision,
and third reading of said hills having been dispensed with;
Resolved, That the said bills do pass: that the title of the for¬
mer be amended by adding thereto the words “and other coun¬
ties,” and that of the latter be as aforesaid.
Ordered, That the Clei’k carry the said bills to the Senate and
request their concurrence.
The Speaker laid before the house the annual report of the
President and Directors of the Bank of Kentucky, w’hich is in the
following words:
/ Bank op Kentucky, )
Frankfort, Dec. 12, 1832.^
Sir ;—I herewith transmit a general statement, exhibiting the condi¬
tion of this institution, on the 10th instant, inclusive.
The capital stock now lield in the institution, exclusive of the residu¬
ary interest, is composed of 11,275 shares, amounting nominally to the
sum of $224,764, of which the state is the owner of 5967 shares, amount-
ingto $119,340; and individuals and corporate stockholders own 5302
sliares, equal to $105,424, shewina an excess of state interest in the
JOirjlNAL OF THE
inslitiilion, over and above tliat of individuals and corporate stockhold¬
ers collectively, of (565 shares, eipial to j^l3,l)36; and tl^at while the
stock owned by the state is stationary, that of individuals is gradually
diminishing. The residuary stockholders own 7331 shares, amounting
nominally to the sum of ^145,500.
Since the 31st of December last, 105 shares of the capital stock,
amounting to $‘975, has been surrendered to the institution, in the pay¬
ment of debts; and a redemption of 600 shares of residuary stock,
amounting to $12,000, has been effected by means of compromises, for
bad and doubtful debts, and the sale of unproductive depreciating real
estate.
The real estate sold, and otherwise disposed of, within the same [)e-
Yiod of time, amounts to $18,033 75, while that acquired by sales un¬
der e.xecution, decrees in chancery, or otherwise, is very limited, though
not yet precise!}' ascertained.
Since the 31st Dec. last, notes of the corporation, payable to bearer,
which were then in circulation, amounting to the sum of $444, have
been redeemed, by payment in silver, which the President and Direc¬
tors have subsequently cancelled and burnt, in the presence of the Treas¬
urer; leaving of that description of paper in circulation, $29,362 33.
Of those now in circulation, made payable to order, and usually termed
post notes, amounting to $2,759 81, none have been presented for pa} -
ment, (e.xcept the sum of live dollars,) and when added to those made
payable to bearer, amounts to $32,122 14; constituting the entire de¬
mand against the bank for “notes issued.” A very small proportion of
this sum, it is most confidently believed, will ever be presented for re¬
demption; and I hazard little in saying, that the gain to the institution,
from the loss and destruction of its paper, will equal one per cent on the
capital, or $30,000.
The “current profits” of the institution, since the 31st December last,
amounts to the sum of $14,098 35, and the “current ex'Jjenses” to
$5,188 61; leaving an e.xcess of profit, over and abo've the charges, of
$8,909 74; which exhibits the fact, that the expenses of the institution,"
this year, are less than those of the last, by the sum of $916 99; and
that the “nett profits” of the bank, this year, exceed those of the last
by the sum of $181 08, which I consider the best commentary on the
management of the directors, in the application of economy to the con¬
cerns of the institution.
The President and Directors have cast around to sec if a further re¬
duction in the expenses of the institution can be effected without en¬
dangering its best interest; but they cannot see where or in lehut it can
HOUSE OF REPRESENTATIVES,
lie done, save in the diminution of the numl)er of suits to be instituted,
wliich has always been a source of drain on its “profits.”
Since the adjournment of llic last Legislature, the President and Di¬
rectors ordered a distribution to be made, and paid to the stockholders,
of live dollars, on each share of capital stock, one half to be paid in sil-
-tor and the other in notes of the Bank of the Commonwealth, which
gave to the state, and was paid to the Treasurer, |;14,1K)7 50, in sil¬
ver, and a like sum, in Commonwealth’s paper. This distribution,
when added to those previously made, makes 80 per cent, or 80 dollars,
on each share, which has been paid to the stockholders, and places them
all on an equality, as to the amount received. The period allowed, by
law, for closing the concerns of this institution, is limited to the 1st day
of January, IbSti, ueing three yetirs. That it shall be effected with¬
in that period, and as much earlier as practicable, is as desirable to
those who control the management of the institution, as it is to the
stockholders themselves; but there is little ground to hope for attaining
the object, unless additional facilities, with an extension of powers, are
granted by the legislature, to the President and Directors. These
were pointed out in a communication which 1 had the honor of submit¬
ting to the legislature, at its last session, and which 1 again respectfully
submit for their consideration.
I have the honor to be, respectfully,
Your obedient servant,
P. DUDLEY, President.
lion. Joux J. Ckittendex, Speaker of the House of Rep's.
Statement of the Situation of the Bank of Kentucky, Dec. 10, 1832.
Due to other banks, - - - - - 11 88
Notes issued, 32,122 14
Surplus profits, .... - 301,3011 29
Current profits, 14,098 35
Stock, ....... 224,704 00
do. residuary, - - - - . ■ ^9
Duo to individuals, - - - , - - f)5,150 35
Current e.xpenses,
Due from other banks.
Real estate.
Due from individuals.
Defalcation at Branches,
(Amount forwarded,)
^783,340
01
$ 5,188
01
20,104
27
220,220
89
489, D;()
93
21,333
99
(Amount brought forward,)
Cash on Hand —Silver, - - $
Notes of specie tanks, - - ll,
do. of the Com’th’s. B’k. - - t).
do. of luicurrent banks, -
Altcst, H. BLAJN 1 ON, Ctcf/r.
The Speaker also laid before the house, the annual report of
the President and Directors ot the Bank of the Commonwealth;
•which is iii the following words:
Bank or the Comjionwealth of Kentucky, 1
Frankfort, Vith Decc7iibcr, 1832.)
Sir ;_I liave the lionor of communicating herewith a statement e.v-
hibiting, in detail, the situation of this institution, on the 30th day of the
last mondi inclusive. {See annexed folding leaf.)
The notes now under regular discount, amounts to the sum of $02G,-
114 52. Notes in suit, $158,212 09. Real estate, $46,180 45: ma¬
lting together, the aggregate sum of $730,507 06.
The interest received on notes under discount, and those paid off du¬
ring the ciuTciit year, amount to the sum of $2fa,082 61; and the ex¬
penses, within the same period, to gl5,283 25; leaving the sum of
<210 789 36, to be carried to the credit of the Treasurer, as a nett
OS, 11. R. Jourmil
of J\'ovembet'
Due to W. D.
Barrett, late oash’r
Due to Literary
Fund.
ite cashier,
late cashier,
cashier,
cashier,
a.shier,
■, late cashier.
orney,
torney.
tonic V
administrator,
Sheriff of Jefferson County,
of Ilarrodsburg,
ling Company,
f iecie and United States Notes,
istern and Southern Notes,
itesof die Bank of the Commonwealth,
the Branches to the Principal Bank, and from the Principal Banl.
EDMUND II. TAYLOR, Cashier.
Statement &f the ^ituertioH of the Itmih: of the Commoniveatth of Kentucky, on theSOthdety of ^'ovenihev, 1839.—To face page 98, II. R. JoumiU.
Sjt'.
Stock.
Notes Payable. |
Discounts.
Due to individual
depositors.
Due to
other Banks.
Due to Literary
Fund.
Due to W, D.
Barrett,late cash’r.
Pfiticipal Bank Disirict,
$869,840 47
250,000
5,664 43
6,233 08
17,856 56
8,496 92
.
Buvv iiuggreen Bianch do.
-
-
2,528 88
253 58
• 122,748 91
11,615 98
.
F emingsbiirg do. do.
-
-
276 33
17 28
-
10,173 59
.
Faunouih do. do.
-
-
574 13
48 49
8,734 05
8,656 74
-
Greensburg do. do.
-
-
1,418 90
188 01
25,830 96
11,383 69
43 18
Ilarrodsburg do. do.
-
-
4,055 25
612 57
145,800 70
13,891 33
-
Hartford do. do.
-
*
1,708 53
132 94
45,417 79
6,182 14
-
Lexington do. do.
-
-
1,688 73
650 05
18,947 67
14,597 70
Louisville do. do.
-
-
2,096 35
293 60
86,053 87
17,510 98
Mount Sterling do. do.
-
-
1,457 61
493 82
35,725 50
4,288 23
i
Princeton do. do.
-
-
1,356 55
1
17,107 43
10,621 84
-
Somerset do. do.
-
-
887 24
175 97
25,982 12
7,380 39
Winchester do. do.
-
-
2,309 08
8 66
7,670 34
16,117 91
-
$600,840 47 !
250,000
26,082 61
9,108 11
557,875 91
110,917 44 i
43 18
€r.
Notes under Dis¬
count. 1
Notes in Suit. |
Due from other
Banks.
j Deal Estate.
’General Expenses.
Due I
from Treasurer.
j Profit and Loss.
loue from A. More-
head, late casli’r.
Due from B. F.
Plcasauls, lare
cashier.
Due from D. Brad¬
ford, late cashier.
Due from E. Stock-
ton, late cashier.
Due fiom R. El¬
liott, late casliicr.
Principal Bank District,
101,079 50
13,460 24
539.838 72
2,641 63
4,931 58
161,8.53 25
3,435 82
-
-
Bolinggreeii Branch do.
61,588 18
41,926 51
-
15,769 40
829 61
j
1,773 46
15,200 19
-
_
-
-
Flemingsburg do. do.
2,088
2,409 79 1
5,356 57
-
391 99
-
220 85
-
-
-
-
Falmouth do. do.
11,366
4,721 68
-
1,354
571 73
-
-
-
-
-
-
-
Greensburg do. do.
23,235 15
11,.589 72
-
2,6.57 61
961 14
-
259 02
-
-
-
-
-
Ilarrodsburg do. do.
110,094 76
30,400 47
-
3,218 68
2,052 21
-
874 72
-
14,831 44
-
-
-
Hartford do. do.
47,134 01
4,94 6 82
-
612 38
798 19
-
-
-
-
i
-
10
Lexington do. do.
20,683 17-
6,826 07
-
-
665 30
-
-
-
-
1,709 01
-
1
Louisville do. do.
53,991 70
7,762 83
-
17,194 82
1,190 80
-
25,352 79
-
-
-
-
-
Mount Sterling do. do.
31,785 73
6,829 48
-
1,086
633 58
i
-
-
-
1,630 37
-
Princeton do. do.
23,597 31
3,218
-
1,445 93
732 71
91 87
-
-
-
-
Somerset do. do.
19,748 03
-
988 4(5
■■
-
-
••
••
Wiiicliester do. do.
i
13,722 98
10,448 05
-
200
536 95 j
i
•
1,108 61
-
-
-
-
-
! 526,114 52
158,212 09
545,195 29
40,180 45
15,293 25
161,853 25
33,207 14 1
15,260 19
14,831 44
1,709 01
1,630 37
10
tr — coniinuetl.
_
Due from 0. G.
AVaggoner, late
casiiier.
Due from T. W.
Riley, attorney.
Due from G. B.
Knight, attorney.
Due from Elisha
Smith, attorney.
Due from
A. Waggener’s
adnunistralor.
Due from VV. Fieldj
sheriff of
Jefferson county. 1
Due from
Farmei's’ Bank of
Harrocisburg.
Due from
Kentucky Export¬
ing Company.
Due for
individual tickets.
Specie and United
States Notes.
Cash on hand.
Eeastern and
Southern Notes.
Xotes Bank of the
1 Commonwealth.
Principal Bank
District,
200
2,548 34
-
-
1 1,032 57
513 63
117,547 19
Bowlinggreeu Branch do.
-
-
-
-
-
-
-
-
-
-
Fleminssburtc
do.
do.
-
-
-
-
-
.
-
'
-
-
-
Falmouth
do.
do.
-
-
-
-
-
-
-
-
-
-
-
Greensburg
do.
do.
“ 1
-
-
-
162 10
-
-
-
-
-
-
-
Ilarrodsburg
do.
do.
-
-
1
-
-
1,671 94
507
708 63
-
-
-
Hartford
do.
do.
-
-
1
-
-
-
-
-
Lexington
do.
do.
-
-
-
-
-
-
-
-
-
Louisville
do.
do.
-
390 47
-
-
-
65 45
-
-
-
1
-
-
Mount Sterling
do.
do.
-
-
-
-
-
-
-
-
-
-
Princeton
do.
do.
-
-
-
-
-
-
-
-
Somerset
do.
do.
-
-
23 40
-
-
-
-
-
-
-
-
Wiii'-hestcr
do.
do.
-
-
J ’
-
-
-
1
-
-
-
-
,-
200
300 47
2,548 34
23 40
162 10
65 45
1,671 94
507
708 63 1
1,032 57
513 63
117,547 19
BSCAPITTTLiLTIOn,
To amount of Stock, ........
“ amount of Notes I’ayable, .......
“ amount of Discounts, ........
“ amount due Individual Depositors, .....
“ amount duo other Banks, .......
“ amount due Literary Fund, ......
“ atnount due William D. Barrett, late cashier Greensburg Branch,
^600,840 47
250,000
. 26,082 61
. 9,108 11
557,875 91
110,917 44
43 18
By amount of Notes under Discount,
“ amount of Notes in Suit, ....
“ amount due from other Banks,
“ amount of Real Estate, ....
“ amount of General Expenses,
“ amount due from Treasurer,
“ amount of Profit and Loss, . . • •
“ amount due from A. Morehead, late cashier,
“ amount due from B. F. Pleasants, late cashier,
“ amount due from D. Bradford, late cashier,
“ amount due from E. Stockton, late cashier,
“ amount due from R. Elliott, late ca.'hier,
“ amount due from O. G. Waggoner, late cashier.
g 526,114 52
158,212 09
15,260 19
14,831 44
1,709 01
1,630 37
. 10
200
“ amount due from T. W. Riley, attorney,
“ amount due from G. B. Knight, attorney,
‘‘ amount due from Elisha Smith, attorney,
.390 47
2,548 31
23 40
“ amount due from A. Waggoner’s administrator, .......
“ amount due from William Field, Sheriff of Jefferson County, . . . . .
“ amount due from Farmers’ Bank of Ilarrodsburg, .......
“ amount due from Kentucky Exjtortiug Company, .......
‘‘ amount due for individual tickets, ..........
“ amount of Cash on hand, viz: Specie and Lmited States Notes, . . 1,032 57
Eastern and Southern Notes, . . . .513 03
Notes of the Bank of the Commonwealth, . 117,.547 19
^084,326 61
545,195 29
46,180 45
15,293 25
161,8.73 25
33,207 14
33,641 01
2,902 21
162 10
65 45
1,671 94
507
708 03
119,093 39
gl,G44,807 72
t? 1.04 1,807 72
The heads of accounts, in the above table, termed “Tlue to other Banks," and "Due front other Banks,*’ embraces balances due from the Branches to the Principal Bank, and from the Principal Bank
to tlie Branches, save the sum of $12,500 specie, due from the Irtucipal Rank to the Bank of Kentucky ED.ML'ND II. TAJi LOR. Cashier.
December I3th, 1832.
•ontimicd below.
1>K. 13.1 HOUSE OF REPRESENTATIVES. 90
on Ihe fiisl 3«y of O'o Foso"* FOWl>. 'oO""*' f'”” ‘o “’”'i
L sa,t ,0 tl» .FI. 0. .1.. F>o of S>.f«0 I” “"“o o
this the bunk has an ass.irance of the undivided services ot
under this arrange.nent, whicli will, it is believed, greatly facilitate
collection of the debts now due.
1 am, Sir, very respectfully.
Your obedient servant,
H. WINGATE, Fresident.
Hon. JoHX J. Ckittexdkn-, Speaker of the Home of Rep's.
The following bills were reported from the several committees
nmioiiited to prepare and bring m the same, viz; .
'^Hv Mr Ewing,^from the committee for courts of justice 1. *
bil i IcWl » ^ F-ocoo-llngs of tho Clnl.liao
ty 000 . 1.^10 oppoinling comnols.ioncrs of tax, and for other per
A bill to amend the law giving compensation to witnesses,
and to increase their mileage. . , ^ .
\ bill for the benefit of Gabriel Gaines.
4. A bill authorising the recording of ‘’f® fh* jMe
Clerk’s office of the Logan county court, at the death ol
By Mr Stevenson, from the committee of religion-5. A bill for
^^6.^!rilillfoi^!h? btnSu M Marshall, of the county of
Campbeffi ^ for the benefit of Elizabeth McOure.
By*Mr Pierce—8. A bill to regulate the fines and forfeitures ot
Bv ^ilr°Thraston-9. A bill to change the constable’s district in
theftrst Battalion and 88th Regiment, and to change a constable s
BtlMrVlr-^^^^ tbe benefit of Henry Waddle
Bv Mr Riffe—1 L A bill to provide for the
road^L'ih^ tm the Lincoln Lmty line, ^ ^^ Cloyd s,
in Casey county, to William Jones’, by ° time
Which bills were severally received, and le. j
mid nrdpred. to bc rCcXd. SGCOlld. lllTlG* , ,
Ind thLupon the rule of the house, consUtutiona provismn,
and second reading of said liills having been dispensed with, (the
second excepted,) the first, third, fourth, fifth,
ninth and tenth, (the ninth having been amended at the clc k
table,) were severally ordered to be engrossed and read a thud
toe, and the eleventh was committed to the committee on inte.T
'''^AmUhrrffifM the house, constitutional provision, and third
reading of the first, third, fourth, fifth, sixth, seventh, eighth, mu
a.iu leiui uiiis Having neen dispensed with, and the same beine
engrossed; ' °
Rf’sohrd, That the said liills do pass, and that the titles thereof
be as aforesaid.
Ordem/, That the Clerk carry the said bills to the Senate and
request then’ concurrence.
Mr. Butler, from the committee appointed for that purpose, re¬
ported -a bill to regulate the duties of attornies at law;” which
was received and read tiie first time, as follows, viz:
Be It enacted by the General Assembly of the Commonwealth of
Kentucky, J hat from and after tlie passage of this act, each and
every attorney at law, within tliis Commonwealth, sliall be. and
he is hereby required, to make his election, between the Court of
Appeals and the inferior courts; and no altoi-ney, who shall chbosc
to practice m the Court of Appeals, shall be permitted to prac-
lice in the inferior courfsj and no attorney, who siiall clioosc to
practice in the inferior courts, shall be permitted to practice in
the Court of Appeals: Provided, however. That this act shall not
be so construed as to prevent any licensed attorney from attending
to, and consummating the business in which he may have been
engaged prior to the passage thereof: And, provided, also, that it
sliall be lawfu for any attorney at law to change his election be¬
tween the said courls, at any time, by declaring his intention so to
do in open court, and having the same entered of record.
Be It firther enacted, Thai any attorney at law, who shall be
foregoing provision of this acl,
shall thereby forfeit his license; and it shall be the duty of the
judge of tlie court, before wliom any such offence may have been
committed, upon being satisfied of the fact, to make an order, re¬
moving said offender from the privileges and immunities of an at-
torncy at law, within tliis Commonwealth.
i^Ir. Chilton then moved to lay the said bill on the table until
the first day of June next.
And the question being taken thereon, it was decided in the af¬
firmative.
yie yeas and nays being required thereon, by Messrs. Chilton
and liutler, ivere as follows:
YEAS—Mr. Speakek, Messrs. Allen, Bates, Bell, Bowling, Bram-
Ictt, Brown, Chilt n, Churcliill, Collins, Cook, Copeland, Crow, Coving¬
ton, Cullcy, Davidson, Davis, Delaney, Dunlap, English, Ewing, Faris,
Ford, Games, Gorin, Green, I'larris, Hayden, Hauser, Henry, Hill,
Hughes, Inins, Jef. Jeipiings, Jett, VV. .Tolinson, Kennedy, Lee, Lockhart,
J.ucas, MjAtee, M 'D-mald, McFall, Marshall, Matson, Ma.xey, May.
Megowaii, Meriwether, Montgomery, Morgan, B. S. Morris, D. Morris',
Dkc. 11.] HOUSE OF REPRESENTATIVES. iUi
Riuld, Sanders, Scrivncr, Sealon, Shanks, vShcphcrd, Short, Simpson, I)
T. Smith, E. Smith, Southgate, Stevenson, 15. F. 'I'homas, W. Tliomas,
Thompson, Tlirnston, Wicklitle, .1. Williams, S. Williams, J. White, Wool-
ley, Yates, S. Young and T. I. Young—8.").
NAYS—Messrs. Abel, Anderson, Butler, G. W. Johnston, Nuttall and
Pryor—6.
The house tlien, according- to the standing order of the'day,
resolved itself into a committee of the whole house—Mr. Allen
in the chtiir—and after some time spent therein, the Speaker re¬
sumed the chair, ;ind Mr. Allen I'cporled that the committee had,
according to order, had under consideration a bill to prevent the
importation of slaves into this Commonweal ih, and had made some
furthci progress therein, but not having time to go through the
same, had instructed him to ask for leav^e to sit again—which be¬
ing granted:
The house then adjourned.
FRIDAY, DECEMBER 14.
1. IMr. W. Jolmson presented tire petition of Benjamin Robin¬
son, praying a divorce from his wife, Frances Robinson.
2. Mr. II auser presented tlie petition of Polly Haines, praying
a divorce from her husband, David Raines.
3. Mr. Scrivner jircsented the petition of sundry citizens of
Clay and Perry counties, praying that a knv may pass to author¬
ise Edward Turner, of Clay county, to erect a mill-dam across
the middle fork of Kentucky river.
4. Mr. Morgan presented the petition of John Walton, of Flem¬
ing county, praying that a law may pass to authorise him to retail
spirituous liquors witliout obtaining license.
Which petitions were severally received, the reading thereof
dispensed with,and referred; the first and second, to the commit¬
tee of religion; the third, to the committee of propositions and
grievances; and the fourth, to tlie committee of wajs and means.
A message was received from the Governor, liy Mr. Sanders,
Secretar}' of State, announcing that the Governor had, on yes¬
terday, ajiprovcd and signed an enrolled resolution, originating
in this house, ajipointing a joint committee to examine the Lex¬
ington and Ohio Rail Road.
.\ message was received from tlie Senate announcing the jias-
sage of bills of the following titles:
An act adding Edmonson county to the sixth judicial district,
and for other purposes.
An act repealing an act declaring Dick> river navigable; and,
JOUKNAT. OF THE
[Dec. 14,
An act supplemental to ;in act for the benefit of the Sheriff of
Garrard county.
The passage' of bills which originated in this house of the fol¬
lowing titles;
An act for the benefit of JMary' Ann Patterson.
An act to authorise the sale of Lebanon meeting-house in the
county of Todd.
An act for the benefit of the heirs of Smith Alexander, de¬
ceased.
An act to authorise the erection of a building, for the use of a
public ]il)rary,.on the public square in the town of Richmond; and.
An act to change the mode of publishing the decisions of the
A])pellate Court of this Commmiwealth: with amendments to the
latter bill.
And their concurrence in the amendments proposed by' this
house to a bill which originated in the Senate, entitled an act to
amend the law incorporating the town of Warsaw, late Freder¬
icksburg, in Gallatin county.
Mr. McAfee, from the committee of propositions and grievan¬
ces, made the following rcpoi't:
1. The conimitlee of projtositions and grievances have had un¬
der (heir consideration the petition of sundry citizens of Barren
county, praying that an additional constable be allowed in said
county; and -are of opinion that the committee request to he dis¬
charged from any further consideration of the same.
2. Also, the petition of sundry citizens of Barren county, pray'-
ing for the establishment of an election precinct in said county;
and are of opinion that the same is reasonable.
3. Also, the petition of sundry citizens of Fleming county, j^ray-
ing that two precinefs in said county may be consolidated, and a
remonstrance against the same; and are of opinion that the SEime
be rejected.
1. Also, the petition of .lolm Perkins and Abraham Smith, of
Whitley county, praying that patents may issue on two several
hetul right certificates, in the Tellico purchase, one of each being
assigned to them and now lost; and are of opinion that the same
be rejected: this committee being of opinion that a court of chan¬
cery is the proper tribunal to apply' to, when the rights of those
interested may be investigated.
AVliich being twice read, w'as concurred in.
Ordered, That tiie said committee prepare and bring in a bill
pursuant to the second resolution.
The follow'ing bills were I'eported from the several committees
appointed to prepare and bring in the same, viz:
By Mr iMcAfee, from the committee of propositions and'giiev-
anees—1. A bill for the benefit of Edward Ff. Earle,
By Mr Ewing, from the committee for courts of justice—2, A
Dec. 14.] HOUSE OF REPRESENTATIVES. 10:5
bill for the benefit of tlie wife and children of William Green, a
lunatic. a i -n r
By Mr Stevenson, from the committee of religion—d. A bill lor
the benefit of Louisa Meriwether.
4. A bill for the benefit of Isaac Rose.
A bill to amend the law concerning divorces.
By Mr Lucas—6. A bill for the benefit of Allen Taylor.
By Mr Nuttall—7. A bill to exempt from execution growing'
crops, and for other purposes.
By Mr Chilton—8. A bill concerning the county ol Meade.
By Mr B. F. Thomas—9. A bill to change the place of voting
in an election precinct in Montgomery county, from Robert Gay s
to John L. Martin's.
By Mr G. W. Johnston—10. A bill to appropriate the fines and
forfeitures, in the counties of Shelby and Christian, to the Shelb}
and Christian Academies; and.
By Mr Delaney—11. A bill to alter and amend the laws ol tins
Commonwealth in relation to roads.
Which bills were severally received and read the first time, and
ordered to be read a second time:
And thereupon the rule of the house, constitutional provision,
and second readings of said bills (the first excepted,) having been
dispensed with, the second, third, fourth and sixth, were ordered
to be engrossed and read a third time; the fifth, seventh, eighth,
ninth and tenth, was committed to the committee for courts of jus¬
tice; and the eleventh to the committee on internal improvements.
And thereupon the rule of the house, constitutional provision,
and third readings of the second, third, fourth and sixth bills hav¬
ing been dispensed with, and the same being engrossed:
Resolved, That the said bills do pass, and that the titles thereof
be as aforesaid.
Ordered, That the Clerk carry the said bills to the Senate and
request their concurrence.
Mr. Davis moved the following resolution, viz:
Resolved, That the committee of ways and means be instructed
to enquire into the expediency of increasing the tax upon slaves,
for the purpose of paying for those that may hereafter be execu¬
ted; and that they make report by bill or otherwise.
And the question being taken on the adoption thereof, it was
decided in the affirmative.
The yeas and nays being required thereon, by Messrs. Green
and Davis, were as follows:
YEAS—Mr. Speakek, jMessrs. Boone, Brown, Butler, Chilton, Col¬
lins, Cojicland, Crow, Cullcy, Davidson, Davis, Delaney, Ford, Fulton,
Green, Ilaydcn, Hauser, Heady, Hill, Jef. Jenning, Jett, W. .lolmson,
Leo, Lockliarl, MyDonald, iMcFall, Mii)', Morgan, D. iMorris, ]\Iurra>.
JOURNAL OF THE
Ozboni, Nuttali, Patterson, Pickett, Rifle, Sanders, Scrivncr, Simpson,
I']. Smith, SoiitliMate, B. F. Thomas, W. Thomas, Thruston, Wicklifle, J.
Wiliiams, J. White, Yates, S. Young, and T. 1. Young—49.
AA\S Messrs. Anderson, Bates, Bell, Bowling, Bramlett, Paris,
Gaines, Gorin, Harris, Hughes, G. W. Johmston, Kennedv, Lucas, Me-
■Vfec, M irshall.Maxcy, Montgomery, Pendleton, Pryor, Rudd, Seaton.
Shanks, D. T. Smith, Stevenson, and Thompson—25.
Nil.,L. Smith read and laid on the table the following joint res-
ohilions: s. '
Resolved, That in the opinion ol the General Assembly, oi the
Commonwcallh ot Kentucky, a McAdamised road, from Charles¬
ton, in the Stale of South Carolina, by way of the Cumher-
land G.ap, to intersect the Shelhyvillc Turnpike road, leading'
lO the City of Louisville, in Kentucky', is of national importance;
Iherefore,
Be tl resolved, That our Senators and Representatives in Con¬
gress be requested to procure the appointment of suitable enm-
neeis, by the General Government, to survey and report to Con¬
gress, the probable expense of constructing a McAdamised road,
Irom Charleston, South Carolina, by way of Cumberland Gap, to
intersect the Shelbyville Turnpike road, leading to the City of
Louisville, in Kentucky.
Resolved, That the Governor he requested to transmit copies of
the foregoing resolution to each of our Senators and Representa¬
tives in Congress. ■
Mr. AIcAfee moved the following resolution:
Resolved, That the committee on internal improvements be, and
they arc hereby instructed, to enquire into the amount of tolls col¬
lected to and at the Cumberland Gap; and also to enquire into
the manner of appropriating said tolls, and whether any amend¬
ments are necessary to the laws regulating the tolls and repairs
required on said road. *
Which being twice read, was adopted.
Mr. Davidson read and laid on the table the following joint res¬
olution:
Resolved, by the. General Assembly of the Commonwealth of Ken¬
tucky, That when the house adjourns, on the 24th of this'month.
it adjourn without day.
Mr. E. Smith moved to obtain leave to bring in a bill to repeal
the law allowing pay for slav'es that ;ire executed.
And the question being taken on granting leave to bring in said
bill, it was decided in tlie negative: and so the said motion was
Dbc. 14.] HOUSE OF REPRESENTATIVES. 105
YEAS—Mr. Speaker, Messrs. Boone, Brown, Butler, Chilton, Col¬
lins, Copeland, Culley, Davidson, Ewing, Paris, Fulton, Green, Harris,
Hayden, Hauser, Hill, W. .lohnson, Lee, McDonald, McFall, Mar.shall,
Ma.xey, May, D. Morris, Ozborn, Nultall, Patterson, Riffe, Scrivner,
Seaton, E. Siriith, Southgate, Stevenson, Thruston, Yates, S. Young, and
T. I. Young—38.
NAYS—Messrs. Anderson, Bates, Bell, Bowling, Churchill, Crow,
Davis, Delaney, Ford, Gaines, Gorin, Heady, Hughes, Jef. Jennings,
Jett, G. W. Johnston, Kennedy, Lockhart, Lucas, McAfee, Montgome¬
ry, Morgan, Murray, Pendleton, Pickett, Pryor, Rudd, Sanders, Shanks,
Short, Simpson, D. T. Smith, B. F. Thomas, W. Thomas, Thompson,
Wickliffe, J. Williams, and J. White—38.
Mr. Chilton moved the following resolution:
Whereas, by the existing laws of this Commonw’ealth, if the
slave of one citizen kill the slave of another, and the slave so hav¬
ing committed murder, be found guilty, and executed, tlie owner
of the executed slave is entitled to receceive from the public treas¬
ury his value, wdiile the owner of the slave murdered, receives no
portion of the value of the slave murdered; wherefore.
Resolved, That the committee for courts of justice be instructed
to enquire into the expediency, in all such cases, of dividing be¬
tween the owners of the slave murdering and of the slave mur¬
dered, the amount awarded, in proportion to the relative value of
each.
Which being twice read, was adopted.
Mr. B. F. Thomas moved the following resolution:
Resolved, That the committee of ways and means be instructed
to enquire into the propriety of amending the revenue laws of this
Commonwealth, so as to have the same collected in gold and sil¬
ver; and that they report by bill or otherwise.
Which being twice read, was adopted.
Mr. E. Smith moved the following resolution: ^
Resolved, That after the present week, the standing adjourn¬
ment of this house shall be to 9 o’clock, A. M. .
Which being twice read, was laid on the table.
Leave was given to bring in the following bills:
On the motion of Mr Heady—1. A bill to change the time of
holding the Spencer circuit and county courts.
On the motion of Mr Hayden—2. A bill to open a state road,
to commence at or near a point on the road leading from George¬
town, in Scott county, to Ghent, in Gallatin county, knowm as the
six mile tree, and thence to run so as to intersect the road lead¬
ing from Georgetown to Cincinnati, at or near James Gouge’s, on
the Dry Ridge.
O
■■
JOURNAL OF THE
[Hlc. 14.
On the inotioii of ^Ir Delaney—3. A hill to increase the mile¬
age and pay of members of the Legislature.
On the motion of Mr Thruston—1. A bill to establish a bank
in the City of Imuisville.
On the motion of Mr Heady—5. A bill to legalize the pro¬
ceedings of the trustees of the town of Taylorsville, in the coai>
ty of Spencer, and for other purposes.
On the motion of Mr Morgan—(i. A bill to authorise the ex¬
ecutor or administrator of Isaac Pitts, deceased, to sell a tract o
land, in the county oi Lewis, and for other purposes.
On the motion of Mr Mc.Ifee—T. A bill to add the county ot
Mercer to the 12th judicial district. „ , ,
On the motion of Mr. Murray—8. A bill for the benefit ol Ed¬
mund Curd. .
On the motion of Mr Nuttall—9. A. bill to authorise tlie coun¬
ty courts in this Commonwealth to lay off their counties into con¬
venient election precincts.
On the motion of Mr Ewing—10. A bill for the benefit oi the
jailor of Logan county; and,
On the motion of Mr Green—11. A bill to amend the law con¬
cerning lunatics. . ,
Itlessrs. Heady, G. W. Johnston and E. Smith, were appointed
a committee to prepare and bring in the first; Messrs. Hay en,
Hauser and Stevenson, the second; Messrs. Delaney, Murray, G.
W. Johnston and Southgate, the third; Messrs. Thriiston, Butler,
E. Smith, Rudd, Chuixhill, Harris and Pryor, the fourth; Messrs.
Heady, Young and Butler, the fifth; the committee for courts ot
justice the sixth, seventh, tenth and eleventh; Messr^ Murray,
Prince and McFall. the eighth; and Messrs Nuttall, Green and
G. W. Johnston, tlie ninth.
The amendments proposed by the Senate to bills ■which oiigin-
ated in this house, of the following titles, were twice read and
concurred in; . ■ , . vi ■
An act authorising the appointment of additional constables in
certain counties.
An act to amend an act requiring tavern-keepers, pedlars, and
the owners of covering horses and jacks, to pay taxes in ad\ance
and obtain license, approved Dec. 22, 1831; and,
A.i act for the benefit of Mary Goodwin.
Ordered, That the Clerk inform the Senate thereof.
The amendments proposed by the Senate to a bill w'hich oii-
ginated in this house, entitled an act to change the mode of pub¬
lishing the decisions of the Appellate court of this Commonwealth,
were twice read and committed to the committee for com Is of jus-
Uce.
A bill to continue in force an act providing for the appointmen'
Dec. 14.] HOUSE OF REPRESENTATIVES. 107
of Commonwealth’s Attorneys, approved January 12, 1831: was
ordered to be engrossed and read a third time to-morrow.
The following bills, from the Senate, were severally read the
first time and ordered to be read a second time, viz:
1. An act to change the first constable’s district in Washington
county'.
2. An act to repeal in part an act declaring Beaver Creek, in
Barren county, a navigable stream.
3. An act to change the names of Matilda McNutt and John
McNutt to those of iMatilda Bayse and Jolm Bayse.
4’ An act for the relief of jailors.
5. An act to legalize the proceedings of the Greenup county
court, at their last November term.
G. An act for the benefit of Jeffersontown.
7. An act to change the times of holding the Lewis and Green¬
up circuit courts, and for other purposes.
8. An act regulating the ferry at the mouth of the Big Kentuc¬
ky river, in Gallatin county.
9. An act concerning executors and administrators.
10. An act for the benefit of William Davis, of Whitley county.
11. An act continuing in force the law providing for the ap¬
pointment of Commonwealth’s Attorneys.
12. An act to amend the law regulating proceedings against ab¬
sent defendants.
13. An act repealing an act declaring Dick’s river a navigable
stream.
14. An act adding Edmonson county to the sixth judicial dis¬
trict, and for other purposes.
1.5. An act supplementary to an act for the benefit of the Sher¬
iff of Garrard county.
And thereupon the rule of .the house, constitutional provision,
and second reading of said bills (the tenth excepted,) having been
dispensed with, the first, third, fourth, fifth, sixth, eighth, thirteenth,
fourteenth and fifteenth, (the fifth having been amended at the
clerk’s table,) were severally ordered to be read a third time; the
second was committed to a select committee of Messrs. Gorin,
Covington and Cook; the seventh, ninth, eleventh and twelfth, to
the committee for courts of justice.
And thereupon the rule of the house, constitutional provision,
;ind third reading of the first, third, fourth, fifth, sixth, eighth, thir¬
teenth,, fourteenth and fifteenth bills having been dispensed with:
Resolved, That the said bills do pass, and that the titles thereof
be as aforesaid.
Ordered, That the Clerk inform the Senate thereof, and request
their concurrence in the amendments proposed to the fifth bill.
Engrossed bills of the following titles were severally read a third
time:
JOURNAJ, or THE
1. All ac( to reduce the price of the public hinds in the district
of country West of the Tennessee river, and to protect the actu¬
al settlers in said district; and,
2. A bill increasing the jurisdiction of the trustees of the town
of Franklin, in Simpson county.
The first was committed to the committee for courts of justice.
Resolved, That the second bill do pass, and that the title thereof
be as aforesaid.
Ordered, That the Clerk carry the said bill to the Senate, and
request their concurrence.
And then the house adjourned.
X. i.xi. jiixauj' j^iusciucu me peuiion 01 virimui wiuett,praying
that a law may pass to authorise the sale of a tract of land be¬
longing to his son, Cornelius F. Willett, who is a lunatic.
2. Mr. McFall presented the petition of sundry citizens of the
county of Hickman, pi'ayiiig that a law may pass authorising them
to vote for a permanent location of their seat of justice.
3. Mr. Harris presented the petition of Charles Daniel, pray¬
ing that a law may pass to repeal an act of (he legislature, which
passed l-2th day of January, 1831, which deprives him of rights
and interests secured by an act that passed 25th of Januarjq 1820,
giving certain tolls on the turnpike road from Georgetown to Cin¬
cinnati.
4. Mr. Ford presented the petition of Nathaniel Herrington,
praying a divorce from his wife, Milley Herrington.
5. Mr. Murray presented the petition of sundry citizens of Cal¬
loway county, praying that a law may pass giving said county an
additional justice of the peace and constable.
Which several petitions were received, the reading dispensed
with, and referred; the first and third, to the committee for courts
of justice; the second and fifth, to the committee of propositions
and grievances; and the fourth, to the committee of religion.
A message was received from the Senate announcing their dis¬
agreement to a bill which originated in this house, entitled, an act
Dkc. 15.] HOUSE OF REPRESENTATlViiS.
109
An act for the Ijenefit of Dicey Fletcher; with amendments to
the. three latter l)i)ls.
The said amendments were then taken up, twice read, and con¬
curred in.
Ordered, That the Clerk inform the Senate thereof.
Mr. Ewing, from the committee for courts of justice, made the
following report:
The committee for courts of justice have had under considera¬
tion the petition, to them referred, of the heirs of Isaac ilays, de.-
ceased, praying that a hnv may pass authorising the sale of infants
real estate, and have come to tlie following resolution thereon:
Resolved, That said petition he rejected, as it is embraced with¬
in the provisions of the general law now in force.
Which being twice read, was concurred in.
Mr. Ewing, from the same committee, to whom was referred
bills from the Senate, of the following titles;
An act to change the time of holding the Lewis and Greenup
circuit courts, and tor other purposes; and.
An act continuing in force the law providing for the appoint¬
ment of Commonwealth's Attorneys: reported the said bills, the
former with, and the last without amendments.
The amendments reported to the former bill was concurred in:
and the said bills ordered to be read a third time.
And thereupon the rule of the house, constitutional provision,
and third reading of said bills having been dispensed with;
Resolved, That the said bills do pass, and that the titles thereof
be as aforesaid.
Ordered, That the Clerk inform the Senate thereof, and request
their concurrence in the amendments proposed to the former bill.
Mr. Ewing, from the same committee, to whom was referred a
bill from the Senate, entitled “an act concerning executors and
administrators:” reported the same with amendments, which be¬
ing twice read, were conerred in; and the said bill, as amended,
ordered to be read a third time.
Mr. Ew'ing, from the same committee, to wdiom %vas referred a
bill for the benefit of John Smith and Bartlett Hill; and a bill to
change the place of voting in an election precinct in Montgomery
county, from Robert Gay’s to John L. Martin’s: reported the
same with amendments to each, wdiich being twice read were
concurred in; and the said bills, as amended, ordered to be en¬
grossed and read a third time.
And thereupon the rule of the house, constitutional provision,
and third reading of said bills having been dispensed with, and the
same being engrossed:
Resolved, That the said.bills do pass, that the the title of tlie
first be as aforesaid, and that of the latter be amended by adding
thereto the words, “and for other purposes.”
Oi-di'i-cd, Tli;it the Clerk carry the said bills to the Senate and
iei|uest their eoncurrence.
Mr. Lucas, from the committee of ways and means, made the
following report:
The committee of ways and means, haye had under considera¬
tion the petition of John Walton, praying that a law may be pas¬
sed authorizing him to retail spirituous liquors without paying for
a license, have had the same under consideration, and have come
to the following resolution:
Resolver/, That the said petition be rejected.
Which being twice read, was concurred in.
Mr. G. W. Johnston, from the joint committee of enrolments,
reported that the committee had examined enrolled bills of the
following titles:
An act to amend the law incorporating the town of AVarsaw,
late Fredericksburg, in Gallatin county.
An act to repeal, in pari, an act to amend the law concerning
the trustees of the town of Glasgow, and for other purposes, ap¬
proved January, 18.31.
An act for the benefit of the heirs of Smilh Alexander, de¬
ceased.
An act to authorise the erection of a building, for the use of a
public library, on the public square in Richmond.
An act to authorise the sale of Lebanon meeting-house in the
county of Todd ; and.
An act for the benefit of Mary Ann Patterson: and had found
the same truly enrolled.
Whereupon the Speaker affixed his signature thereto.
Onhred, That Mr. G. AV. Johnston inform the Senate thereof.
iMr. Chilton moved the following resolutions:
AVIiilc we have witnessed, with great satisfaction and delight,
the rapid march of that spirit of improvement, to which our coun¬
try is indebted for (he multiplied facilities afforded the agricultu-
Tal and commercial operations of our citizens, and particularly
in the application of steam power, upon our navigable watei'S; we
nevertheless find much to deplore, and many occurrences calcu¬
lated to awaken the solicitude of the humane and benevolent, and
to suggest the anxious enquiry—can nothing be done to prevent
a recurrence of past disasters, at the recollection of which human¬
ity startles? To recur only to one of the number, upon which
memory might sorrowfully dwell—we are warned by the destruc¬
tion of the boat “Brandywine,” and the sulFei’ings of those who
perished on that occasion, that a defect exists somewhere in that
mode of navigation; and that for the security of the lives and
property of our citizens, this legislature should interpose, to the
extent of its constitutional power and jurisdiction, to throw around
those sacred objects, the strongest guards whieh its wisdom may
jour?5al of the
[Dec. 15.
;0iic-15.] HOUSE OF RErilESENTATn ES. lU
be competent to devise. We are appealed to by the suftei ings
and tears of the widows and orphans, which those disasters have
made, and by all the tender sympathies of parental alfection, as
well as the success of our general commerce.
Be. it therefore resolved. That the committee for courts of justice
he instructed to enquire into the extent of the constitutional pow¬
er and jurisdiction of this legislature, over the navigation of the
Ohio and Mississippi rivers, so far as the state of Kentucky bor¬
ders thereon; and its power to impose such restraints upon the
boats and other craft employed in the navigation thereof, as will
the more elfectually secure the lives and property of our citizens,
by preventing racing thereon, and the accidents resulting there¬
from, and from other causes; and that said committee have leave
to report by l)ill or otherwise.
Resolved further, That said committee be instructed to prepare
and report to this house, a suitable memorial to the Congress ol the
United States, touching this subject, and praying an exertion of
the constitutional power of that body, in aid of tliis benevolent
object, in such cases as cannot be reached by the state authorities.
Which lieing twice read, was adopted.
J\Ir. B. F. Thomas moved the following resolution:
Resolved, That the committee for courts of justice be instructed
to enquire into the expediency of passing a law to prevent the
emancipation of slaves, unless those wishing to- emancipate shall
provide the means to transport such slaves to T.iberia, oi some foi-
eign country; and that they also be instructed to enquire into the
expediency of passing a law to require the free coloured people
of this Commonwealth, to give bond and security for tlieir good
behaviour.
Which being twice read, was adopted.
Mr. Kennedy moved the following resolutions:
1. Resolved, That it is expedient that this legislature should pro¬
vide the ways and means for transporting from Kentucky, and col¬
onizing on the coast of Africa, the free coloured population of this
state.
2. Resolved, That-thousand dollars of the proceeds ol the
Bank of the Commonwealth ought to be set apart and constitute
a fund for the accomplishment of the aforesaid objects.
3. Resolved, That a tax of-cents ought to be laid on each
slave in this Commonwealth, to constitute an auxiliary fund to aid
in the promotion of the same.
4. Resolved, That the committee of ways and means be instruc¬
ted to prepare and report a bill embracing the above objects.
5. Resolved, That a sum sullicient to complete the turnpike road
from Maysville to Lexington ought to be appropriated for that
purpose.
6. Resolved, That a sum sufficient to complete the turnpike road
‘ .'(hi’
JOURNAL OF THE
[Dec. 15.,
from Shell)yville to Frankfort ouglit to be appropriated for that
purpose.
AV hie!) being twice read, were committed to a committee of the
whole house for the I8th instant.
Orrlcred That the Public Printer print 150 copies thereof, for
(he use 01 the members of this house.
The house took up, for consideration, a resolution laid on the ta¬
ble on the 4th instant, relative to brandling
The said resolution was then amended to
Resolved, That the committee for c_
the expediency of amending the law establishii.
peals, so as to compel said court to sit annually at three
several sites in Kentucky; and rt .
And the question being taken
decided ’ "
ling the Court of Appeals,
to read as follows, viz:
courts of justice enquire into
' ing the Court of Ap-
A tk. or more
and report by bill or otherwise.
. . <j 1 on the adoption thereof, it was
in the negative.
The jxas and nays being required thereon, by Messrs. Thrus-
ton and E. Smith, were as iollows:
lEAS—Messrs. Boone, Bowling, Copeland, Crow, Gulley, Davidson
Duvis, Delaney, English, Ewmg, Ford, Heady, Hughes, Lockhart, Max-
ey. May, Morgan, Murray, Ozborn, Nuttall, Patterson, Pendleton, San¬
ders, Shanks, D. T. Smith, E. Smith, B. F. Thoinas, AV. Thomas, J. Wil¬
liams, Yates, S. Young, and T. I. Young—32.
NAYS—Mr. SPE.VKER, Messrs. Anderson, Bates, Bell, Bramlett,
w Gorin, Green, Harris, Hauser,
Hill, W. Johnson, Kennedy, Lee, Lucas, McAfee, McDonald, McFall
Marshall, Montgomery, D. Morris, Pickett, Rifle, Rudd, Scrivner, Sea¬
ton, Short, Southgate, S.evenson, Thompson, Thruston, Wickliffe' and
.r. AVhite—37. wKiine, ami
n ‘ movcd the following resolution:
feo/tW, That the committee for courts of justice are instruc¬
ted to enquire whether or not there exists any evils growing oth
Da the Deaf and Dumb Asylum,located M
™ • ’f 'i trustees; and whether it be
c. pedient to take said institution from under the controul of its
WeTl under the controul of a dif-
lerent board of trustees.
Which being twice read, was adopted.
On motion—
. iMr. Chilton have leave of absence from the ser¬
vice of this house, until the 29th instant.
annointmi'm "’^ several committees
appointed to prepare and bring m the same, viz:
ancS. Tt Ar;„S'; rtAS ri-
Dec. 15.] HOUSE OF REPRESENTATIVES. 113
2. A bill to appoint commissioners to examine the mill-dam of
David Cutlip, with a view to the navigation of Green river.
3. A bill for the benefit of Stephen Langford.
By Mr Ewing, from the committee for courts of justice—4. A
bill to change the mode of summoning jurors, and to provide for
their compensation.
By Mr Stevenson, from the committee of religion—5. A bill for
the benefit of Jane Tibbs and Greenberry Tibbs, of I.aurel county.
(5. A bill for the benefit of Stephen and Caty Sampson.
7. A bill for the benefit of Benjamin Robinson'.
S. A bill for the divorce of Polly Raines.
By iMr Delaney—9. A bill to remove obstructions to the navi^
gation in Trade water.
By Mr Heady—10. A bill to change the time of holding the
Spencer circuit and county courts, and the county courts of Shelby,
11. A bill to legalize the proceedings of the Trustees of the
town of Taylorsville, in Spencer county, and for other purposes;
and.
By Mr Young, of Bath—12. A bill to authorise the establish¬
ment of a road from Harrodsburg to the Lexington road from
Bardstown, and for other purposes.
Which bills were severally received, and read the first time^
and ordered to be read a second time.
Ordered^ That the Public Printer forthwith print 150 copies of
the fourth bill, for the use of the members of this house.
And the rule of the Imuse, constitutional provision, and second
and third readings of the first, fifth, sixth, seventh, eighth, tenth,
eleventh and twelfth bills having been dispensed with, and the
same being engrossed:
. Resolved, That the said bills do pass, and that the -titles thereof
be as aforesaid.
Ordered, That the Clerk carry the said bills to the Senate and
request their concurrence. ' ^
Leave was given to bring in the following bills:
On the motion of Mr Gaines—1. A bill for the benefit of the
Boone Academy.
On tire motion of Mr Bates—2. A bill for the benefit of Ste¬
phen Tudor.
On the motion of Mr Hauser—3. A bill allowing additional
terms to the county court of Pendleton county, and for other pur¬
poses. »
On the motion of Mr Murray—4. A bill to appropriate a por¬
tion of the vacant lands, in the district of countiy West of the Ten¬
nessee river, to building of bridges in said district.
On the motion of Mr Gorin—5. A bill for the benefit of Wil¬
liam R. McFerran.
P
JOURNAL OF THE
On the motion of Mr Boone—G. A bill for the benefit of Dan¬
iel M. Kitfinger; and,
On the motion of Mr D. IMorris—7. A bill to amend the road
laws, so far as respects the county of Mason.
Messrs. Gaines, Hauser, Harris and Southgate, were appointed
a committee to prepare and bring in the first and third; Messrs.
Bates, J. White and Collins, the second; Messrs. Murray, I’rince,
McFall and Thompson,the fourth; Messrs. Gorin, Ford and Ew¬
ing, the fifth; Messrs. Boone, Harris and B. F. Thomas, the sixth;
and Messrs. Morris, Lee and Pickett, the seventh.
An engrossed bill entitled, an act allowing the Independent
Banks of this Commonwealth further time to settle their concerns,
was read a third time.
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
Ordered, That the Clerk carry the said bill to the Senate, and
request their concurrence.
An engrossed bill entitled, an act to amend the penal laws of
this Commonweal-.h, was read a third time as follows, viz:
Be it enacted by the General Assembly of the Commonwealth of
Kentucky, That in all cases where fines shall hereafter be recov¬
ered from individuals, for failing or refusing to work on the public
higliways or streets, the justice before whom such recovery shall
be had, shall state in his judgment, the time, not exceeding five
days, he shall be confined in the jail, in case of his failure to pay
tlie same; and shall endorse the said time on the execution, and a
capias pro fine may issue therefor, in like manner as in other cases
of fines; and in case of his failure to pay said fine and costs, he
shall be confined in the jail of the county the length of time de¬
signated in said judgment and execution.
The said bill was then amended, on motion of Mr. Southgate,
by adding thereto the following engrossed clause, by way of ry-
der. viz:
Be it further eneefed,"That all laws now in force, exempting
owners of slaves from working on the public roads, by furnishing
two hands, be, and the same are hereby repealed; and that the
sajfl owners shall be required to labor on the said roads in the
sp ne manner as other persons.
I The question was then taken on the passage of said bill, with
the ryder aforesaid, which was decided in the negative: and so
the said bill was rejected.
The yeas and nays being required thereon by Messrs. Green
and Ewing, were as follows:
YEAS—Messrs. Bull, Bramlett, Brown, Culley, Davidson, Davis, Ew¬
ing, Paris, Gaines, Green, Harris, Hauser, Kennedy, Lee, Lucas, Mar-
Dec. 17.] HOUSE OF REPRESENTATIVES.
115
shall, Pickett, Pryor, Riffe, Shanks, Shor, D. T. Smith, B. F. Thomas,
VV. Thomas, Thompson, Thruston, Yates, and S. Young— 28.
NAYS—Mr. Speaker, Messrs. Anderson, Bates, Boone, Bowling, Col¬
lins, Copeland, Crow, Ucianey, Enghsh, PVt'd, Fulton, Gorin, Heady,
Hughes, Jett, W. Johnson, Lockhart, McAfee, McDonald, McFall, Max-
ey. May, M '-ntgomery, Morgan, D. Morris, Murray, Ozborn, Nuttall,
Patterson, Pendleton, Rudd, Sanders, Scrivner, Seaton, E. Smith, South-
gate, S evenson, WieklifFe, J. Williams, J. White, and T. I. Young—a2.
And then the house adjourned.
JlJOjVmV, DECEMBER 17.
The Speaker laid before the house the annual report of the
Trustees of the Asylum for the tuition of the Deaf and Dumb, at
Danville, which is in the following words:
To the honorable the General Assemhly of the CommomL'ealth of Kentucky:
The Trustees of the Asylum for the instruction of the Deaf and Dumb,
would respectfully report.
That the pupils in the Institution have enjoyed good healih generally,
during the past year, and have made satist’actory progress in their stu¬
dies. We have, however, to regret the loss, by sickness, early in the
year, of two promising young men—'J’lioraas Kennon of Mississippi, and
,lohn G. Bell of Tennessee.
The additions to the buildings, mentioned in our last report, have been
completed, and add much to the comfort and convenience of the Institution.
A statement of our funds accompanies this report; from wiiich it will
be seen, that we have been disappointed in the amount to be received
this year, from sales of land in Florida. This has been caused by con¬
tinued sickness of Colonel Allen, our agent, together with other causes
assigned by him, of the difliculty' of making collections there. The ex¬
act state of our prospects there we do not know, as yet, as we are pro¬
mised a detailed statement of our affairs during the coming month of
January, when we expect a visit from our agent. It is, as heretofore
expressed, the constant policy of the trustees, as fast as possible, to create
a permanent fund. By reference to our account, it will be seen what
progress has been made on that subject. All loans are made upon un¬
questionable personal security.
A reference to the accompanying list of pupils, shew an increase in
number since our last report, and vve have prospects of more accessions
upon the opening of the next spring.
It would afford the trustees jileasure to receive a visit from a com¬
mittee of your honorable body, or to send a pujiil or two, with a teacher,
to the seat of government, if desired.
Respectfully submitted, by order,
D. G. COWAN, Secretary.
116 JOURNAL OP THE [Dec. 17.
Statement shewing the situation of theftmds, of the Asylum for the Deaf
and Dumb, on the 3d November, 1832.
DR—To balance on 3d November, 1831, as per report, . $G,630 05
“ amount received from the Treasury, for the sup¬
port of indigent pupils for the year ending 3d
November, 1832, .3,117 62
“ tuition fees received from pay pupils, . . 244 11
“ cash received from R. C. Allen, agent in Florida,
on account sales of land,. 1,009 17
“ cash repaid by borrowers, .... 294 00
f11,300 95
CR—By amount paid for erection of a new building, . ^2,078 03i
“ amount paid Mr. Kerr, for the support of indigent
pupil^S ..1,484 70
« amount paid same, .salary as teacher, . . 400 00
“ amount paid Mr. Jacobs,principal teacher, for one
year and one quarter’s salary, at $750 specie,
per amium,. 1,058 00
“ amount paid W. D. Kerr, assistant teacher, . 259 00
“ fuel for school-room,. 20 00
amount paid for books, stationary, and incidental
c.xpenses,. 41 03i
“ amount paid for repairs of fences, making gates,
pump, &c. 74 09
“ amount paid for fees, attorneys, clerks, &,c. . 22 77
“ amount paid for printing,.6 70
“ amount paid for postages,.3 20
To balance on hand, .
$ 5,448 19
. 5,852 76
^ 1,300 9 ^
Of the above balance of $5,852 76, there is upon loan, in specie, the
sum of $4,375, bearing an interest of six per cent.—leaving on hand, in
Commonwealth paper funds, $1,473 76.
D. G. COWAN, Secretary.
orricEEs or the asylum.
Rev. John R. Kerr, superintendent and assistant teacher; Mrs. Fran¬
ces Kerr, matron; John A. Jacobs, principal teacher; William D. Kerr
assistant teacher. Fleece and Weisiger, physicians. James C. Barnes'
(chairman,) James Barbour, (treasurer,) David G. Cowan, (secretary,)
George Robertson, Charles M. Cunningham, Paul I.'Booker, John Green,
John Brown, Cyrus Walker, James K. Burch and Phineas G. Rice, trustees.
5
117
Dec. 17.] HOUSE OF REPRESENTATIVES.
Pupils ill the Asylum on the 2d November, 1832.
Names. .
■Vge.
When entered.
Where from.
Ilcinarks.
A. J. King, ....
15
Sept. 13, .
1829, i
Bourbon co. Ky.
Indigent.
Emily Grissom,. .
25
Apr. 24,
Adair co.
do
And. D. Holt, . . .
14
May 29,
-
Mercer co.
Pays ch.
David Arnet, . . .
24
Aug. 3,
-
Bath co.
Indigent.
William P. Moore,
22
Aug 2,
West Tennessee, (
Pays ch.
Lucinda Philips, .
15
Aug. 7,
-
Garrard co. Ky.
Indigent.
Silas Ford, ....
18
Sept. 25,
-
Madison co.
do
.Tohn S. Lanffdon,.
14
May 18,
1830,
Pulaski CO.
do
Henry Grissom, .
14
Sept. 27,
-
Adair co.
1 do
Edw'ard Busbv,. .
14
Sept. 27,
_
Adair co.
do
Thomas G. White,
13
Sept. 27,
-
Harrison co.
do
Laura Flournoy, .
15
Oct. 11,
- 1
Caldwell co.
do
Adeline Flournoy,
13
Oct. 11,
_ 1
Caldwell CO.
do
Jesse Forsythe,. .
23
Dec. 23,
-
Pendleton co. -
do
James Kecth,. . .
19
Dec. 23,
-
Pendleton co. -
do
William Hoagland,
25
Mar. 22,
1831,
Washington CO.-
do
Curtis Gatewood,
16
May 11,
—
Nelson CO.
do
William Gatewood,
14
May 11,
-
Nelson co.
do
Sally Gatewood, .
13
May 11,
_
Nelson co.
do
Waller W. Wood,.
14
June 21,
—
Mississippi,
Pays ch.
Zulema Kinchelo,
17
Sept. 19,
—
Nelson co. Kj'.
Indigent.
Jesse Vanwinkle, .
12
Sept. 13,
-
Wayne co.
do
Jacob N. Joluiston,
11
July 11,
1832,
B.mrbon co.
do
John C. Woods,. .
15
Nov. 10,
1831,
West Tennessee,
Pays ch.
James Carey,. . .
17
Apr. 13,
-
Clark CO. Ky.
Indigent
Charles A. Welden,
11
May 30,
1832,
Bracken co.
do
Eleanor Mills, . .
11
Aug. 25,
-
Jeflerson co. -
do
William W. Cole, .
22
Sept. 10,
-
Franklin co.
do
Helen G. Martin, .
8
Oct. 3,
-
Alabama,
Pay's ch
Waller Rodes, . .
16
Apr. 12,
-
Scott co. Ky.
1 do
Ordered, That the said report be committed to the committee
for courts of justice.
The Speaker also laid before the house a letter from John Jen¬
nings, Esq., a member of this house, from the county of Garrard,
announcing a resignation of his seat therein; which was received
and read.
Ordered, That a writ of election issue to the county of Garrard,
for the purpose of electing a representative to supply the vacan¬
cy occasioned by the resignation aforesaid; and that the election
be held on Monday, the tMth instant.
A message w^as received from the Senate announcing their dis¬
agreement to a bill which originated in this house, entitled, an act
for the benefit of the heirs of LawTcnce Sandford, deceased.
The passage of bills ivhicb originated in this house of the fol¬
lowing titles:
JOURNAL OF THE
An act in relation to the towns of Cynthiana and Lawrence-
hui-g.
An act for the benefit of John Cook; and,
An act to regulate the fines and forfeitures of Russell county.
And the passage of bills of the following titles:
An act to amend the act providing for opening and keeping in
repair the highways in the county of Fayette.
And act for the benefit of William Butler, clerk of the Monroe
county and circuit courts.
An act appointing Trustees to the Glasgow Academy; and,
A i-esolution authorizing the public librarian to have certain
acts of assembly bound.
1. The Speaker presented the petition of William Trigg, of
Franklin county, praying tliat a sum of money paid by him to aid
in rebuilding the former capitoi of this state, be refunded to him.
2. Mr. Patterson presented the petition of Joanna Miller, pray¬
ing a divorce from her husband, Dudley Miller.
3. Mr. D. Morris presented the petition of sundry citizens of
Mason county, praying that a law may pass, to exonerate I.evi
Vancamp, late Captain of a Light Infantry Company, in the 29th
Regiment, Kentucky jMilitia, from his bond, given for the return
of certain arms, belonging to the state.
4. Mr. Hughes presented the remonstrance of sundry citizens
of Hopkins county, protesting against the proposal to divide said
county for the purpose of forming a new county out of parts of the
counties of Livingston. Union, Caldwell and Hopkins; and,
5. Mr. Morgan presented the petition of sundry citizens of
Fleming county, praying that a law may pass to appoint an addi¬
tional justice of the peace for said county.
Which petitions were severally received, read, and referred:
the first, to the committee of claims; the second, to the commit¬
tee of religion; the third and fourth, to the committee of proposi¬
tions and grievances; and the fifth, to a select committed of Messrs.
Morgan, Megowan and Pickett.
A message from the Governor, by Mr. Sanders, Secretary of
State.
Mr. Speaker :—The Governor did, on the 15th instant, approve
and sign sundry enrolled bills, which originated in this house, of
thie following titles:
An act for the benefit of the heirs of Smith Alexander, de¬
ceased.
An act to authorise the sale of Lebanon meeting-house in the
county of Todd.
An act to repeal, in part, an act to amend the law concerning
the trustees of the town of Glasgow, and for other purposes, pas¬
sed January. 1831.
11b
Dec. 17.] HOUSE OF REPRESENTATIVES.
An act to authorise the erection of a building, for the use of a
public library, on the public square in Richmond; and,
An act for the benclit of Mary Ann Patterson.
And then he withdrew.
Ordered^ That the Clei'k inform the Senate thereof.
Mr. B. F. Thomas moved that a message be sent to the Senate,
requesting leave to withdraw a bill, and the report of its passage,
made by this house to the Senate on Saturday last, which origin¬
ated in the Senate, for continuing in force an act providing for the
appointment of Commonwealth’s Attorneys.
And the question being taken thereon, it was decided in the af¬
firmative.
The yeas and nays being required thereon, by Messrs. Nuttall
and B. F. Thomas, were as follows, viz:
YEAS—Mr. Speakeb, Messrs. Bates, Bell, B'Xine, Brown, Collins.
Cook, Covington, Davis, Dunlap, Ewing, Fari.s, Gaines, Gorin, Green,
Harris, Hauser, Henry, Hill, Innis, Kennedy, Lee, Lucas, Marshall,
Maison, Megowan, Morgan, B. S. Morris, D. IMorris, Pendleton, Pickett,
Pierce, Pryor, Riffe, Rudd, Scrivner, Seaton, Shanks, Short, D. T. Smith,
Southgate, B. 1’. Thomas, Thompson, Thruston, WicklifFe, J. White.
Woolley, Yates, and S. Young—49.
NAYS—^IMessrs. Abel, Allen, Anderson, Bowling, Bramlett, Church¬
ill, Copclanil, Crow, Cullej', Da,vidson, Delaney, English, Ford, Fulton,
Hayden, Heady, Hughes, .Tett, W. John.son, Lockhart, McDwnakl, Mc-
Fall, Maxey, May, Montgomery, Murray, Ozborn, Nuttall, Patterson.
Prince, Sanders, Shepherd, E. Smith, Stevenson, W. Thomas, J. Wil¬
liams, S. Williams, D. White, and T. I. Young—39.
Ordered, That Mr. B. F. Thomas carry the said message.
The following bills ivere reported from tlie several committees
t appointed to prepare and bring in the same, viz:
By Mr McAfee, from the committee of propositions and griev¬
ances—1. A bill to authorise Edward Turner to erect a mill-dam
and mill on the middle fork of the Kentucky river, in Clay count}'.
By Mr Ewing, from the committee for courts of justice—2. A
bill for the benefit of the jrdlor of ! .ogan.county.
By Mr Stevenson, from the committee of religion—3. A bill for
the benefit of Polly Seeders.
4. A bill for the divorce of Temple West.
5. A bill for the relief of .lames Cole.
6. A bill for the benefit of Bowling Thompson.
By Mr Murray—7. A bill for the benefit of Edmund Curd.
By Mr E. Smith—S. A bill for the benefit of Champ Mullens,
of Rockcastle county.
By Mr Bates—9. A bill for the benefit of Stephen Tudor.
30URNAI. OF THE
l:iO
[Dec. 17.
By Ml’ Hayden—10. A bill to provide for the erection of a
bridge across Main Eagle, on the slate road leading from Lexing¬
ton to Glient.
By Mr Gaines—11. A bill for the benefit of the Boone Acade¬
my; and,
By Mr Hauser—1'2. A bill allowing additional terms to the
county court of Pendleton, and for other purposes.
"W'hich bills were severally received and read the first time, and
ordered to be read a second time.
And thereupon the rule of the house, constitutional provision,
and second reading of the first, second, third, fourth, fifth, sixth,
seventh, tenth and eleventh bills having been dispensed with, the
first, second, third, fourth, fifth, sixth and eleventh were severally
ordered to be engrossed and read a third time; the seventh was
committed to the'committee of claims; and the tenth, to the com¬
mittee on internal improvements.
And the rule of the house, constitutional provision, and third
reading of the first, second, third, fourth, fifth, sixth and eleventh
bills having been dispensed with,and the same being engrossed:
Resolved, That the said bills do pass, and tliat the titles thereof
be as aforesaid.
The yeas and nays being required on the passage of the fourth
liill, by Messrs. D. Morris and-, were as follows:
YEAS—Messrs. Bates, Bell, Boone, Bowling, Branilett, Brown,
Churchill, Cook, Copeland, Crow, Ciilley, Davis, Englisli, Faris, Ford,
Fulton, Gorin, Harris, Hayden, Hauser, Heady, Henry, Hughes, Jett,
W. Johnson, Lockhart, Lucas, McAfee, McFall, Marsliall, Ma.xey, May,
Megowan, Montgomery, Morgan, B. S. Morris, Murray, Nuttall, Patter¬
son, Prince, Pryor, Riifc, Sanders, Shanks, Short, D. T. Smith, E. Smith.
Southgate, Stevenson, B. F. Thomas, Thompson, Thruston, Wickliffe,J.
Williams, D. White, J. White, S. Young, and T. I. Young—58.
NAYS—Mr. Sfe.vker, Messrs. Altcl, Allen, Anderson, Collins, Cov
ington, Davidson, Delaney, Dunlap, Ewing, Gaines, Green, Hill, Innis.
Kennedy, McDonald, D. Morris, Ozborn, Pendleton, Pickett, Pierce.
Rudd, Scrivner, Seaton, Shepherd, W. Thomas, S. Williams, Woolley,
and Yates— 29.
Ordered, That the Clerk carry the said bills to the Senate and
request their concurrence.
An engrossed bill entitled, an act to take the sense of the good
people of this Commonwealth, as to the propriety of calling a con¬
vention, was read a third time as follows, viz:
Sec. 1 . Be it enacted by the Gmeral Assembly of the CommoJi-
vsealth of Kentucky, That it shall be the duty of the sheriffs and
judges, at the several places appointed to hold the annual dec-
121
Dec. 17.] HOUSE OF REPRESENTATIVES.
lions, in tlie year 1833, to open columns in their several poll books,
for qualilied voters to vote for a convention; and it shall be the du¬
ty of the several sheriffs aforesaid to make a true and faithful re¬
turn to the Secretary of State, within thirty days after the close
of the polls, of all the votes which may have been given within
their respective counties, for a convention; to be by said Secreta¬
ry laid before the General Assembly, at their next annual session,
witliin the first wmek thereof.
Sec. 2. Be it further enacted^ That any' Sheriff failing to trans¬
mit, by mail, his official statement of the votes given as above pro¬
vided, shall be subject to a line of six hundred dollars, to be re¬
covered by action of debt, by any person suing for the same, in
any court having competent jurisdiction thereof; and shall also be
subject, upon conviction of such failure, to removal fiom office.
Sec. 3. Be it Jurther enacted., That it shall be the duty of the
several sheriffs to read, or cause to be read, this act, at their sev¬
eral places of voting, in their respective counties, at opening the
polls on each of the next annual elections; and in case of failure
so to do, the said officer shall be subject to the same penalties
which are above prescribed, for his failing to transmit his official
statements.
Sec. 4. Be it further enacted, That the Public Printer shall, up¬
on a separate leaf or sheet, print tSvelve hundred copies of tliis
act, and furnish them to the Secretary of State, who shall send to
each county, at the time of forwarding the acts of assembly, Ac.
forward to the clerk's office of the county court of each county
in this state, ten of thefee copies; and the Secretary shall take a
receipt of the carriers thereof, who shall take the receipt of the
respective clerks, to whom he may deliver them, and the respec¬
tive clerks of the coiinty courts shall deliver the same to the high
sheriff of his county, and take his receipt for the same, a copy of
which shall be, by such s'iieriff, delivered to each of his deputies,
to be by them read at their several places of voting, as required
by this act.
Sec. 5. Be it further enacted, That any fine recovered under
this act, shall be one half for the benefit of the person suing for
the same, and the other half to go towards lessening the county
levy of the county in which the fine may be imposed.
And the question being taken on the passage thereof, it was
decided in the negative; and so the said bill was rejected.
The yeas and nays being required thereon, by Messrs. Kenne¬
dy and S. Williams, were as follows:
YEAS—Messrs. Allen, Bell, Copeland, Crow, Culley, Davidson, Da¬
vis, Delaney, English, Ewing, Fulton, Gaines, Gorin, Harris, Hauser,
Henry, Hughes, Jett, McAfee, McFall, Ma.xey, May, Megowap, Mor¬
gan, B. S. Morris, Murray, Nuttall, Patterson, Pendleton, Prince, Shep-
Q
JOURNAL OF THE
herfl, D. T. Smith, E. Smith, Southgate, Stevenson, B. F. Thomas, W.
Thomas, Thompson, Thruston, J. Williams, S. Williams, and T. I. Young
NAYS—Mr. Speakek, Messrs. Abel, Anderson, Bates, Boone, Bow¬
ling, Bramlett,Brown, Churchill, Collins, Cook, Covington, Dunlap,Ford,
Green, Hayden, Heady, Hill, Innis, W. Johnson, Kennedy, Lockhart,
Lucas, M ’Donald, Marshall, Matson, D. Morris, Ozborn, Pickett, Pierce,
Pryor, Riffe, Rudd, Sanders, Scrivner, Seaton, Shanks, Short, Wickliffe,
D. White, J. White, Woolley, Yates, and S. Young—44.
The following bills were severally read a third time:.
1. An act to incorporate the Franklin Insurance Company.
2. An act to amend and reduce into one the several acts con¬
cerning the town of Augusta, in Bracken county; and,
3. An act for the benefit of George Coleman, and others.
The first was recommitted to the committee for courts of justice;
and the third was amended by an engrossed clause, offered by way
of ryder.
Resolved, That the second and third bills do pass, and that the
titles thereof be as aforesaid.
Ordered, That the clerk carry the said bills to the Senate and
request their concurrence.
A bill from the Senate entitled, an act concerning executors and
administrators, was read a third time, and an engrossed clause ad¬
ded thereto, by w'ay of ryder.
Ordered, That the Public Printer forthwith print 150 copies of
said bill, fer the use of the members of this house.
A bill to connect the towns of New^port and Covington with
Cincinnati by a bridge: W'as read a second time, and ordered to
be engrossed and read a third time to-morrow.
A message was received from the Senate, by Mr. Flerhing, re¬
turning a bill which originated therein, entitled, an act for contin¬
uing in force the law providing for the appointment of Common¬
wealth’s Attorneys; and which passed this house on Saturday last.
And then the house adjourned.
TUESDAY, DECEMBER 18,
1. Mr. Thruston presented the ])etition of Eloise Taylor, wile
of Edmund H. Taylor, of Jefferson county, a lunatic, praying for
the sale of certain tracts of land, in the county of Jefferson.
2. Mr. Prince presented the petition of Alonzo Portus Buck,
praying that a law may pass to change his name to Joseph Freon.
3. Mr. Thompson presented the petition of sundry citizens of
Dec. 18.] HOUSE OF REPRESENTATIVES. 123
Trigg county, praying the passage of a law repealing the pas¬
sed l‘Jth January, 1827, in relation to the establishment ot ei nes
across the Cumberland and Tennessee rivers, or so much theieol
as relates to the county of I rigg. r.rnv
4. Mr. Lucas presented the petition of Lucretia Clifford,pra)-
ing a divorce from her husband, Pearson P. Cliffoid.
5. Mr. Marshall presented the petition of David Rees, praying
that a law may pass to release him from further liability, on ac¬
count of his securityship for the sheriff of Harrison,, in the year
1823, in the collection of the revenue for that year; on account
of the great indulgence granted to said sheriff, by the Auditor,
without his, said Rees’, knowledge or consent. „ . ,
(i. Mr. Thruston presented the petition of Moses \V. lirigliara,
praying a divorce from his wife, Margaret Brigham.
^ 7. Mr. Boone presented the petition of John Halyard and Nan-
cv. his wife. Wells Fowler, John McClean, Hugh Goodwin, and
rVancis and Edward R. Price, by their guardian, John Halyaid,
Thomas Price, by his guardian, Hugh Gordon, and Andretv Price,
by his guardian. Wells Fowler, children of Richard A. 1 rice, de¬
ceased, representing that they own a small tract of land in the
county of Clarke, which cannot be divided advantageously, and
praying that a law may pass authoridng the sale thereof.
Which several petitions were received, the reading di pensed
with, and referred; the tirst and seventh, to the commiUee lor
courts of iustice; the second laid on the table; the third and hfth,
to the committee of propositions and grievances; and the tourth
■md sixth, to the committee of religion,
]Mr. McA.fee, from the committee of propositions and grievan¬
ces, made the following report: , , , j
The committee of propositions and grievances have had under
consideration the petition of Levi Yancanip, late a Captain ol a
Light Infanty Company, of the 29th Regiment, praying that he
may be released from his bond, given for public arms, for a por¬
tion of said arms which are lost; and are of opim.on that the same
be rejected. .
Which being twice read, was concurred in.
Mr. Ewing, from the committee for courts ot justice, made the
following report, viz: , , . ,
The committee for courts of lustice have had under consider¬
ation the petition of Griffith Willett, referred to them, and have
come to the following resolution thereon:
Resolved, That the petition of Griffith MMlett, praying that a
law may pass authorising the sale of a tract ol land, the piopc.ity
of a lunatic son, be rejected; being provided for, and embraced
in the general law now in force.
Which being twice read, and amended, by striking out the word
JOURNAL OF THE [Dec. IS.
“rejected” and inserting in lieu thereof the words “is reasonable.”
was coDciirred in.
Ordered, That Messrs. Heady, G. W. Johnston and S. Youne
to sSd'Su«on!""'^‘^^
On motion—
Ordered, that the committee for courts of justice be discharged
wr’. ™er consideration of a resolution offered by Mrfj.
r? the loth instant, relative to the Deaf and Dumli Asy-
lum, at Oanville; and from the further consideration of a resolu¬
tion offered by Mr. Chilton, on the 14th instant, relative to the
pay lor slaves executed for crimes; and that the latter be com-
Boone committee of Messrs. S. AVilliams, Kennedy and
Mr. Stevenson, from the committee of religion, made the fol¬
lowing report: °
The committee of religion have had under consideration the
petition of John II. Rudd, praying to be divorced from his wife,
ilarriet Kudd; and come to the resolution that said petition is un-
petition of Robert D. Owen, praying to be divorced from his wife,
Susan M . Owen; and come to the resolution that said petition is
unreasonable. ^
Mdiich being livice read, the first resolution was concurred in:
ana the second was laid on the table.
Mr. Ewing, from the committee for courts of justice, to whom
was referred a bill to incorporate the Franklin Insurance Compa¬
ny; also, a bill to amend the law of evidence in prosecutions for
menr ^’ latter without amend-
Ordered, That the said bills be engrossed and read a third time
to-morrow.
Mr. Southgate, from the committee on internal improvements, to
whom was referred a bill to provide for the erection of a bridge
across Mam Bagle on the state road leading from Lexington to
Ghent, also, a bill to establish a road from Louisville to the state
line, in a direction to Knoxville: reported said bills with amend¬
ments to each: which being twice read were concurred in.
OrdW, That the former bill be recommitted to a select com¬
mittee of Messrs. D. White, Hayden and English; and the latter
be engrossed and read a third time to-morrow:
tl, from the joint committee of enrolments, reported
t examined enrolled bills of the following
titles, and had found the same truly enrolled, viz: °
co^ty^^^ change the first constable’s district in Washington
Dec. 18.] HOUSE OF REPRESENTATIVES.
rive,” .“GXlS‘"cl,';,r,”* '“"‘“io
An act for the benefit of .leffersontown.
An act to legalize the proceedings of the Greenup countv court
■R their last November term, and for other purposJs ^ ’
end ‘ite'pIpSr’”"
An act repealing an act declaring Dick’s river navigable.
G.™?d c3jrrd‘"''’'
An act for the relief of jailors.
Whereupon the Speaker aflixed his signature thereto.
Ordered, That Mr. Prince inform the Senate thereof.
A message was received from the Senate announcing their cor,
thrSto” f proposed by this house to^a bill from
is aifd ricp ^ of holding the J.ew-
ib and Gieenup circuit courts, and for other purposes.
bnrv*^ passage of a bill entitled, an act concerning the Public Li-
braiy and to provide for the election of a librarial
folLing i" IWs w, of .he
ibr''„‘iher‘'>= r»n.Uc A.,h,„„ „„d
twXS
The following bills were reported from the several rommitfo
appeeted p.ep.re e„d brifgin ,he sa^rvi "
a„ce« 1 AMf? T S'’' “'"'"ittee of p,„p„,M„„s and grle,.
ances—1. A bill for the beneht of Dorcas Worley. ^
t, o'r P'»“ ‘"e co,.„.
By Mr Stevenson, from the committee of religion—3 A bi/I u.
7a Mr.,"”,"' 'rI""’'’™'- "^i‘''-7ne.,.d
r 4 ^ of Tabitha D. Price.
Pv f^^'■‘''00; and,
•» ‘I-* “'".nittie fd,
'•I !B'"
JOURNAL OF THE [Eec. 18.
■ and third
and fourth bills having been dispensed with,
and that the titles thereof
the said bills to the Senate and
appointed for that pur-
_^ressional districts:
and ordered to be read
And the rule of the house, consthutional^ provision,
reading of the tirst i-
and the same being engrossed:
Resolved, That the said bills do pass,
be as aforesaid.
Ordered, That the Clerk carry
request their concurrence.
Ml'. Simpson, from the select cc
nose, reported a hill to lay off this state into congi
Mdiich was received and read the first time, and oi
^ AnTthe™upon the rule of the house, constitutional provision,
and second reading of said bill was dispensed with.
An amendment having been offered in heu of said bill:
Ordered, That the said bill and amendment be laid on the ta¬
ble and the Public Printer forthwith print 150 copies of the hrst
secUon of each, for the use of the members of this house, together
with the federal numbers and voters attached to each count}.
Mr. B. F. Thomas then moved to take up, for consideration, a
bill which originated in the Senate, entitled an act continuing in
force the law providing for the appointment of Commonwealth s
Attorneys; which had passed this house, and was, by request, re¬
turned from the Senate. • j j • r
And the question being taken thereon, it was decided in the at-
M^'b.' F. Thomas then moved to reconsider the vote, by which
said bill was passed. , -j j • i-u r
And the question being taken thereon it was decided in the af-
^"^Th^yeas and nays being required thereon, by Messrs. McAfee
uid B. F. Thomas, were as follows, viz:
YEAS—Mr. Speaker, Messrs. Bates, Bell, Boone, Brown, Collins,
Cook, Covington, Davis, Dunlap, Ewing, Paris, Gaines, Gorin, Green,
Harris, Hauser, Henry, Hill, Innis, Jennings, G W. Johnston, Kenne¬
dy, Lucas, Marshall, Mafson, Megowan, Morgan, B. S. Morris, D. Mor¬
ris, Pendleton, Pickett, Pierce, Pryor, Riffe, Rudd, Scrivner, Seaton,
Shanks, Short, Simpson, D. T. Smith, W. Smith, B. F. Thomas, Thomp¬
son, Thruston, Wickliffe, J. White, Woolley, Yates, and S. Young—51.
N^YS_Messrs. Abel, Allen, Anderson, Bowling, Bramlett, Church¬
ill, Copeland, Crow, Culley, Davidson, Delaney, English, Ford, Fulton,
Hayden, Heady, Hughes, Jett, W. Johnson, Lockhart, McAfee, McDon¬
ald, McFall, Maxey, May, Montgomery, Murray, Ozborn, Nuttall, Pat¬
terson, Prince, Sanders, Shepherd, E. Smith, Southgate, Stcvcn.son, W.
Thomas, J. Williams, S. Williams, D. White, and T. I. Young—40.
Dec. 18.] HOUSE OF REPRESENTATIVES.
12 /
The said bill was tlien amended bj adding thereto an engrossed
clause, bj waj of ryder.
Mr. E. Smith then moved to commit said bill to the committee
for courts of justice, with instructions to report a bill, vesting the
power of appointment in the Governor and Senate.
And the question being taken on committing the bill, with the
instructions aforesaid, it was decided in the negative.
The yeas and nays being required thereon, by Messrs. E. Smith
and-, w'ere as follows, viz:
YEAS—Messrs. Abel, Allen, Anderson, Bowling, Bramlett, Church¬
ill, Copeland, Crow, Culley, Davidson, Delaney, Englisli, Ford, Fulton,.
Hayden, Heady, Hughes, Jett, W. Johnson, Lockhart, McAfee, McDon¬
ald, McFall, Ma.xey, May, Montgomery, Murray, Ozborn, Nuttall, Pat¬
terson, Prince, Sanders, Shepherd, E. Smith, Stevenson, W. Thomas, J.
Williams, D. White, and T. I. Young—39.
NAYS—Mr. Speaker, Messrs. Bates, Boll, Boone, Brown, Collins,
Cook, Covington, Davis, Dunlap, Ewing, Gaines, Gorin, Green, Harris,
Hauser, Henry, Hill, Innis, Jef. Jennings, G. W. Johnston, Kennedy,
Lucas, Marshall, Matson, Megowan, Morgan, B. S. Morris, D. Morris,
Pendleton, Pickett, Pierce, Pryor, Riffe, Rudd, Scrivner, Seaton, Shanks,
Short, Simpson, D. T. Smith, W. Smith, Southgate, B. F. Thomas, Thomp¬
son, Thriiston, Wickliffe, S. Williams, J. White, Woolley, Y’ates, and S.
Young—53.
The question was then taken on the passage of said bill, with
the ryder aforesaid, which was decided in the affirmative.
The yeas and nays being required thereon by Messrs. S. Wil¬
liams and E. Smith, were as follows:
YEAS—Mr. Speaker, Messrs. Bates, Bell, Boone, Brown, Collins.
Cook, Covington, Davis, Dunlap, Ewing, Faris, Gaines, Gorin, Green,
Harris, Hauser, Henry, Hill, Innis, Jef. .Tennings, G. W. Johnston, Ken¬
nedy, Lucas, Marshall, Matson, Megowan, Morgan, B. S. IMorris, D. Mor¬
ris, Pendleton, Pickett, Pierce, Pryor, Riffe, Rudd, Scrivner, Seaton,
Shank.s, Short, Simpson, D. T. Smith, W. Smith, Southgate, B. F. Thom¬
as, Thompson, Thruston, Wickliffe, J. White, Woolley, Yhites, and S.
Young—52.
NAYS—Messrs. Abel, Allen, Anderson, Bowling, Bramlett, Church¬
ill, Copeland, Crow, Culley, Davidson, Delaney, Engli.sh, Ford, Fulton,
Hayden, Heady, Hughes, W. Johnson, Lockhart, McAfee, McDonald,
McFall, Ma-xey, May, Montgomery, Murray, Ozborn, Nattall, Patter-:
son. Prince, Sanders, Shepherd, E. Smith, Stevenson, W. Thomas, J.
Williams, S. Williams, D. Whice, and T. I. Young—39.
Ordered, That the Clerk carry tlie said, bill to the Senate and
request their concurrence in the said amendments.
JOURNAl. OF THE
Mr. J). \\ ijite read and laid on the table a joint resolution pro-
viding for a recess of tlie General Assembly.
The said resolution (the rule of the house having been dispen¬
sed with, for that purpose,) was then taken up and amended to
read as follows, viz:
Resolved, by the General Assembly of the Commomuealth of Ken¬
tucky, 1 hat when the Senate and House of Representatives shall
adjourn on Saturday, the 2:>d instant, they will adjourn to meet
again on the 31st day of December. ■
It was then moved by Mr. S. Williams to lay the said resolu¬
tion on the table until the first day of June next.
And the question being taken thereon, it was decided in the af
lirmative.
1 he yeas and nays being required thereon
liams and Prince, were as follows, viz:
YEAS—Alessrs. Abel, Allen, Bramlett, Cook, C
den, Hughes, Jef. Jennings, Jett, Lucas, Maxey, JV
Pendleton, Prince, Shanks, Shepherd, Short, D.
Southgate, B. F. Thomas, W. Thomas, Thompson,
and S. Young—28.
NAYS—Mr. Speaker, Messrs. Anderson, Batei
ling. Brown, Churchill, Collins, (
Delaney, Dunlap, English, Ewing,
Green, Harris, Hauser, Heady, Henry, Hill, Innis,
Johnson, Kennedy, Lockhart, McAfee, McDonald,
Matson, May, Megowan, B. S. Morris, Mur
Pickett, Pryor, Rifle,
venson, Thruston, Wi
and T. I. Young—60.
The said resolution was then laid on the table.
Leave was given to bring in the following bills:
On the motion of Mr Marshall-1. A bill to constitute a Board
ol Internal Improvement for Woodford county.
becca Scrivner—2. A bill for the benefit of Re-
On the motion of Mr Riffe-3. A bill to change the time of
holding the November term of the Casey circuit court, and for
otiier purposes. .
On the motion of Mr McFall—4. A bill to legalize the an-
i.. ““
On the motion of Mr S,
Bell, Boone, Bow-
Covington, Culley, Davidson, Davis,
, Paris, Ford, Fulton, Gaines, Gorin,
is, G. W. Johnston, VV.
, McFall, Marshall,
■ray, Ozborn, Patterson.
Seaton, Simpson, W. Smith, Ste-
is, D. White, J. White, Woolley,
William!
■G. A bill to improve the
129
Itec. 18.] HOUSE OF REPRESENTATIVES.
road leading from Monticello to the state line, in a direction to
Monroe, Tennessee.
On the motion of Mr Southgate—7. A bill to authorise the
trustees of the Campbell county Seminary to sell tlieir donation
lands.
On the motion of Mr Thompson—8. A bill to alter the boun¬
dary line of the 72nd Regiment of Kentucky iMilitia, so as to in¬
clude within said Regiment all the citizens of the county of Trigg.
Messrs. Marshall, iTreen and Butler, were appointed a commit¬
tee to prepare and bring in the lirst; the committee of religion,
the second; iMessrs. Riffe, Seaton and Pierce, the third; the com¬
mittee for courts of justice, the fourth; Messrs. B. S. Morris, Pick¬
ett and Lee, the fifth; Messrs. S. Williams, Bramlett and l aris,
the sixth; Messrs. Southgate, Harris, Gaines and Gorin, the sev¬
enth; and Messrs. Thompson, Henry and U. Smith, the eighth.
Mr. Shanks moved to obtain leave to bring in a bill to allow
sheriffs pay for superintending elections in the several precincts
in this Commonwealth.
And the question being taken on granting leave to bring in said
bill, it was decided in the negative: and so the said motion was
disagreed to.
Mr. Davis read and laid on the table the following joint reso¬
lutions:
Wiieheas, it is the opinion of this General Assembly that the
road leading from Lexington, Kentucky, through Winchester,
Mount Sterling, and Owingsville, to, the Mouth of Big Sandy, is
the nearest route to the City of Washington, upon which a tri¬
weekly line of stages has been established. And, whereas, it is
the great thoroughfare through which Kentucky supplies her sis¬
ter states of the east with her live stock and produce, necessary
to their subsistence. And, whereas, a considerable portion of said
road passes through a section of this state sparse in population,
and limited in resources; therefore.
Be it resolved, hy the General Assembly of the Commomuealth of'
Kemtucky, That said road is of high national importance, and de¬
mands the liberal consideration of the General Government.
2. Resolved, That our Senators in Congress be instructed, and
our Representatives requested, to use their utmost exertions to pro¬
cure an appropriation, in money, sufficient to make the necessary
improvements on said road; and^that the Governor be requested
to transmit a copy of the foregoing preamble and resolutions to
each of our Senators and Representatives in Congress.
A message was received from the Senate announcing that they
had adopted a joint resolution for a recess of the General As-
semblj%
The said resolution was then taken up and read as follows, viz;
R
!0 JOUIlNAl. OF THE [Dec. IS.
Resolved by the S'note and House, of Represcnlntives, That when
ey adjourn on Saturday next, they will'adjourn to meet on the
biidny week following. Extract, &c.
Attest, J. STONESTREET, C. S.
Mr. Ewing then moved to amend said resolution, by expunging
erefrom the words <-^Monday -week," and inserting in lieu thereof
therefrom the
the word ‘■‘•Friday"
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon by Messrs. Ewing
and-, were as follows, viz; '
YEAS—Messrs. Allen, Cook, Copeland, Crow, Culley, Delaney, Ew¬
ing, Gorin, Ibighes, Jef. Jennings, Maxey, M .ntgomery, M irrny, Nut-
tall, Pendleton, Prince, Sluink.«, Shor', Simpson, D. T. Smi:li, E. Smith,
Southgate, B. F. Thomas, W. Thomas, Thompson, S. VViiliams, Yates,
and S. Young—28.
NAYS—Mr. Speakee, Messrs. Abel, Anderson, B.itcs, Bell, Boone,
Bowling, Bramlett, Brown, Chur, hiii, Collins, Covington, Davidson, Da¬
vis, Dunlap, English, Paris, Ford, Fulton, Gaines, Green, Harris, Hay¬
den, Hauser, Heady, Henry, Hill, Ihnis, Jett, G. JV. Johnston, W. John¬
son, Kennedy, Lockhart, Lucas, M Afee, M Donald, M-Fall, Marshall,
Matson, May, M.ogowan, M Tgau, B. S. Morris, D. Morris, Ozhorn, Pat¬
terson, Pickett, Prycr, RifTe, Rudd, Scrivner, Seaton, Shepherd, W.
Smith, S evenson, Thriiston, 'iVickliffe, J. Williams, D. White, J. White
Woolley, aii' l T. I. Young—62.'
The question was then taken on the adoption of said resolution,
which was decided in the a/Rrmative.
The yeas and nays being retjuired thereon by Messrs. Prince
and S. Williams, were as follows, viz:
YE.AS—Mr. Speaker, Messrs. An'ler.son,Bates,B 'll, B avling. Brown.
Churchill, Collins, Covington, Davidson, Dunla[), Ewing, Faris, Fordj
Fulton, Gaines, Green, Harris, Hayden, Hau.ser, Heady, Henry, Hill.
Innis, Jett, G. W. Johnston, W. Johnson, Kennedy, Lockhart, M Afee,
M'. Donald, M'Fall, Marshall, Masson, May, Megowan, Montgomery,
Morgan, B. S. Morris, D. M'rris, Ozborn, N'lttall, Patterson, Pi. ketf,
Pryor, Riffe, Rudd, Smivner, W. Smith, S evenson, Thruston, Wickliffe,
J. Williams, D. Whi'-e, J. White, Woolley, and T. 1. Young—57.
NAYS—Messrs. Abel, Allen, B .one, Bramlett, Cook, Copeland, Crow,
Culley, Davis, Delaney, English, Gorin, Hughes, Jef. Jennings, Lucas.
Maxey, Murray, Pendleton, Prince, Seaton, Shanks, Shepherd, Shortj
E. Smith, Southgate, B. F. Thomas, W. Thomas, S. Williams, Yates,
and S. Young—30.
Ordered, That the Clerk inform the Senate.
131
Dec. 19.] HOUSE OF REPRESENTATIVES.
Ordered, That the committee of the wiiole house he discharg¬
ed from Uie further consideration of a hill to prevent the impor¬
tation of slaves.
And then the house adjourned.
WEDNESDAY, DECEMBER 19.
Mr. G. W. Johnston presented the memorial and petition of
the Louisville and Slielbyville Turnpike road Company, and the
Board of Internal Improvement for Shelby county, praying that a
law may pass to enlai'ge the powers of said Turnpike tiompany
and Board of Intei-nal Improvement, so as to enable them, in con¬
junction, to procure and put in operation, for tlieir exclusive use,
steam cars or carriages, for the transportation of persons or prop¬
erty on said turnpike road.
Which petition was received, read, and referred to a select
committee of Messrs. G. W. Johnston, Thruston, Rudd and But¬
ler.
A message was received from the Senate announcing their dis¬
agreement to bills which originated in this house, of the follo^v-
ing titles:
An act to authorise the circuit court of Jefferson county to ap¬
point commissioners to investigate the affairs of the Commercial
Bank, at l.ouisville.
An act for the benefit of Susannah Johnson.
An act for the benefit of Nancy Williams.
An act for the benefit of the wife and children of AVilliam Green,
a lunatic.
The passage of hills which originated in this house, of the fol¬
lowing titles:
An act to legalize the proceedings of the Christian and Barren
county courts, in appointing commissioners of tax, and for other
purposes.
An act for the benefit of Henry AVaddle.
An act to change the place of voting in an election precinct in
Montgomery county from Robert Gay’s to John L. Martin’s, and
for other purposes.
An act increasing the jurisdiction of the trustees of the town of
Franklin, in Simpson county.
An act to allow the Independent Banks of this Commonwealth
further time to settle their concerns.
An act to change the constable’s district in the first Battalion,
88th Regiment of Kentucky Militia, and to change a constable’s
district in the county of Estill.
132
JOURNAL OF THE
[Dec. 19.
An act to regulate election precincts in certain counties.
An act to authorise the erection of gates across that part of tlie
Old Iron ’IForks road, between the houses of Andrew Gudgel and
John Harper, in Bath county; and.
An act to change the time of holding the Spencer circuit and
county courts, and the county court of Shelby: with amendments
to the three latter bills.
And the passage of bills of the following titles:
An act to amend the law conceining champerty.
An act for the benefit of the Head-right and Tellico settlers.
Arj act to provide for copying and preserving certain records
belonging to the office of the surveyor of H.n lan county.
An act to appropriate part of the vacant land between Walk¬
er’s line and tlie latitude 3u° 30' North, in the state of Tennessee,
for the purpose of improving and finishing the road leading from
Monticello, Wayne county, to the state line, in a direction to
Jacksboro’ and to Barboursville; and,
An act to authorise certain county courts to permit gates to be
erected across pui)lic roads.
Mr. .Me .Vfee, from the committee of propositions and grievan¬
ces, made the following report, viz:
The committee of propositions and grievances have had under
their consideration the petition of sundry citizens of Hopkins, Un¬
ion and Caldwell counties, praying for the erection of a new coun¬
ty out of parts of said counties and Livingston county; and are of
opinion that the same be rejected.
Also, the petition of the Trustees of the town of Frankfort, pray¬
ing an appropriation of the sum of eight hundred dollars, for the
purpose of purchasing a lire engine for the use of said town and
preservation of the public buildings; and are of opinion that the
same be rejected.
Also, the petition of sundry citizens of Trigg county, praying
the repeal of an act of the General Assembly of this state, passed
the 19th of January, 1827, prohibiting the establishment of ferries
on the Cumberland and Tennessee rivers within less than one mile
of each other; and are of opinion that the same be rejected.
Which being twice read, was concurred in.
The following bills were reported from the several committees
appointed to prepare and bring in the same, viz:
By Mr McAfee, from the committee of propositions and griev¬
ances—1. A bill to authorise the qualified voters of Hickman
county to select either Moscow or Clinton for the permanent seat
of justice for said county, and for otlier purposes.
By Mr Thruston—2. A bill to authorise the sale of certain
lands of Edmund H. Taylor.
Which bills were severally received and read the first time, and
ordered to be read a second time.
133
Dec. 19.] HOUSE OE REPRESENTATIVES.
Tlie yeas and nays being required on the second reading of the
first hill by Messrs, ilrown and Mcl'all. were as follows, viz:
YEAS—Messrs. Abel, Allen, Ajider.son, Bates, Bell, Biwne, Bowling,
Brainlett, Copeland, Crow, Covington, Culiey, Davidson, Davis, Dela¬
ney, Englidi, Fai-is, Ford, Fulton, Harris, Hayden, Hausdr, Heady, Hen¬
ry, Hill, Hughes, G. W. .Tolmst at, VV. Johnson, Lockhart, McAfee, Mc¬
Donald, M.'Fall, Marshall, Maxey, May, Megowan, Montginiery, Mor¬
gan, Murray, Oztorn, Nuttall, Patierson, Pendletcn, Prince, Rudd, San¬
ders, Shanks, Shepherd, Short, W. Smith, Southgate, Stevenson, W.
Thomas, Thruston, J. Williams, D. White, Woolley, Yates, S. Y'^oung,
and T. I. Young—60.
NAYS— IMr. Speaker, Messrs. Biown, Churchill, Collins, Cook, Dun-
kip, Ewing, Goi-in, Green, Jniii.=, Jcf. Jennings, Kennedy, Lucas, Mat-
son, B. S. Morris, D. Morris, Pickeit, Pierce, Pryor, Riffb, vSerivner, Sea¬
ton, Simpson, D. T. Siiiith, E. Smith, B. F. Thomas, Thompson, Wkk-
lifl’e, and S. Williams—29.
And theroupon the rule of the house, constitutional provision,
and second and third readings of the second bill having been dis¬
pensed with, and the same being engrossed:
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
Ordered, That the Clerk carry the said bill to the Senate, and
request their concurrence.
The amendments proposed by the Senate to hills which origin¬
ated ill this house, of the following titles, were twice read and
concurred in:
An act to amend the laws concerning the Lunatic Asylum, and
fftr other purposes.
An act for the benefit of Allen Taylor.
An act to regulate election precincts in certain counlies.
An act to authorise the,erection of gates across that part of the
Old Iron Works road, between the houses of Andrew Gudgcll
and John Harper, of Bath county; and,
An act to change the time of holding the Spencer circuit and
county courts, and the county courts of Shelby.
Ordered, That the Clerk inform the Senate thereof.
An engrossed bill entitled, an act to connect the towns of New¬
port and Covington with Cincinnati by' a bridge: was read a third
time.
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
The yeas and nays .being required on the passage of said bill,
by Messrs. Shepherd and Southgate, w'cre as follows:
134
JOURNAL OF THE
[Dec. liV
YEAS—]\Ir. Speaker, Messrs. Bates, Bell, Boone, Brown, Collins,
Cook, Crow, Covington, Culley, Davidson, Davis, Delaney, Dunlap, En¬
glish, Ewing, Fans, Gaines, Gorin, Green, Harris, Hayden, Hauser,
Heady, Henry, Hill, Innis, Jef. Jennings, Jett, W. Johnson, Kennedy,
Lockhart, Lucas, McAfee, McDonald, McFall, Marshall, Matson, May,
B. S. Morris, Murray, Nuttall, Pendleton, Pierce, Prince, Pryor, Rit'fe,
Rudd, Scrivner, Seaton, Shanlts, Short, Simpson, D. T. Smith, E. Snmh,
W. Smith, Southgate, Stevenson, B. F. Thomas, W. Thomas, Thompson,
Thruston, Wicklifle, J. Williams, D. White, J. IVhite, and Woolley—07.
NAYS—Messrs. Abel, Bov/ling, Bramlett, Churchill, Copeland, Ful¬
ton, Hughes, Megowan, Montgomery, Morgan, Ozborn, Patterson, Pick¬
ett, Shepherd, S. Williams, Yates, S. Young, and T. 1. Young—18.
Ordered, That the Clerk carry the said bill to the Senate and
request their concurrence.
An engrossed bill entitled, an act to establish a road from Lou¬
isville to the state line, in a direction to Knoxville: was read a
third time.
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
The yeas and nays being required on the passage thereof, by
by Messrs. S. Young and Pierce, were as follows, viz:
YEAS—Mr. Speaker, Messrs. B'X)ne, Brown, Churchill, Collins, Cov¬
ington, Culley, Davis, Dunlap, Fails, Gorin, Harris, Hayden, Hauser,
Heady, Henry, Innis, Jett, G iV. Johnston, W. Johnson, Kennedy, Mar¬
shall, Matson, May, Morgan, B. S. Morris, Murray, Pickett, Pierce,
Prince, Pryor, Rudd, Simpson, E. Smith, W. Smiih, Southgate, Steven¬
son, B. F. Thomas, Thompson, Thruston, Wicklifle, S. Williams, D.
White, J. White, and Woolley—15.
NAYS—Messrs. Abel, Anderson, Bates, Bell, Bowling, Bramlett,
Cook, Copeland, Crow, Davidson, Delaney, English, Ewing, Ford, Ful¬
ton, Gaines, Green, Hill, Hughes, Jennings, Lockhart, Lucas, McAfee,
McDonald, McFall, Maxey, Montgomery, Ozborn, Patterson, Pendleton,
Rifle, Sanders, Scrivner, Seaton, Shanks, Shepherd, Short, D. T. Smith,
W. Thomas, J. Williams, Yates, S. Young, and T. I. Young—43.
Ordered, That the Clerk carry the said bill- to the Senate and
request their concurrence.
And then the house adjourned.
!
THURSDAY, DECEMBER 20.
Dec. 20.] HOUSE OF REPRESENTATIVES.
The Speaker laid before the house the annual report of the
managers of the J^ouisville Hospital, which is in the following
words:
To the Honorable the Senate and House of Representatives of the State
of Kentuclcy, in FranJfort assembled.
The Managers of the Louisville Hospital would res|)ectfully report,
that since the fourth of November, 1831, this institution has received
two hundred and seventy-seven patients, of which thirty-eight have died,
the rest have been healed of their diseases and discharged. Its resour¬
ces, within that period, arising from ilie 2 pr. ct. fund, on auction sales,
were four thousand and eightj-two dollars sixt}'-eight cents; and there
now remains a balance in the treasury of four hundred and thirty-one
dollars fifty-five cents; a siiin barely sufficient to discharge the demands
which become due on the first of January next.
Your managers feel it their duty to say, that a considerable portion
of the interior of the building yet remains in an unfitiislied state, and
nnfi’ for the purposes for which it tvas intended; that for the comfort of
those who are received into the hospital, a considerable expenditure is
required for beds, bedsteads, and other furniture. .
If the legislature, at this session, could, consistently with its finances,
appropriate five thousand dollars towards these objects, it would greatlv
enlarge the boundaries of its usefulnes.=, and complete the building.
Every revolving year adds greatly to the trade and commerce of this
western world. These have their concomitant evils in their train.
Twice the nunil'cr of sick tvere admitted the past year thdn that of the
previous one; and the probal.ility is great, that the proportion will not
be lessened in the year to come. Again we appeal to the legislature
of our state to make provision for that portion of the community whose
labours and exposures, in all the c ivilized world, commend themselves
to the itest feelings of the human heart.
(A true copy,) J. J. JACOB, President.
W. S. Verxo:^, Secretary.
1. Mr. Southgate presented the petition of Timothy Wilson
and sundry citizens of the county of Campbell, praying that a law
may pass aiitborisiiig the. erection of a mill-dam, for the purpose
of working a saw and grist-mill, on Licking River, at Visalia, in
the county of Campbell.
2. Mr. Pierce presented the petition of Peter Ellis, praying
that a law may pass to authorize the establishment of a town on
his lands, in the county of Russell.
3. Mr. E. Smith prc.sented the petition of sundry citizens of
"Whifley county, praying that a law may pass attaching a small
portion of Whitley to Laurel county.
1. Mr. Crow presented the petition of sundry citizens of Ohio
JOURNAL OP THE
[Dec. ‘20.
countv, praying that the place of voting in the Caney precinct, m
said county', be changed from Allen’s to David Clark s. ^
5. Air. J. White presented the petition of sundry citizena ol
the county of Aladison, praying changes in the militia laws, and
suggesting a revision thereof and publication in a separate vol-
Air. E. Smith presented the petition of sundry citizens of the
county of Laurel, praying that a law may pass to give the county
court of Laurel jurisdiction over all the roads within said county.
AVhich several petitions were received, the reading dispensed '
with, and referred; the first and sixth, to the committee on inter¬
nal improvements; the second, to a select committee of Alessrs.
Pierce, Green and Simpson; the third and fourth, to the committee
of propositions and grievances; and the fifth, to the committee on
military affairs. , , • xi •
A message was received from the Senate announcing their con¬
currence in the amendment proposed by this house to a bill from
the Senate, entitled “an act to continue^ in force an act providing
for the appointment of Commonwealth’s Attorneys.”
And the passage of bills which originated in this house, of the
following titles;
An act for the benefit of the Boone Academy.
An act for the benefit of Georp Coleman, and others.
An act to authorise the recording of deeds remaining unrecor¬
ded in the clerk’s oflice of the Logan county court, at the death
of the late clerk.
An act for the benefit of Gabriel Gaines’ heirs.
Air. Ewfiiig, from the committee for courts of justice, made the
following report: . . , , , ■,
The committee for courts of justice have had under considera¬
tion the petition of the heirs of Ricliard A. Price, praying that a
law may pass authorising them to sell a small tract of land which
descended to them from their deceased ancestor; and have come
to the following resolution thereon:
Resolved, That said petition be rejected, as presenting a case
embraced by the existing laws.
AVhich being twice read, was concurred in.
Air. Ewing, from the same committee, to whom was referred a
bill to establish the Louisville Bank of Kentucky: reported the
same with sundry amendments, which being twice read, were con¬
curred in. I 1 ii
Ordered, That the said bill be laid on the table, and that tlie
I’ublic Printer forthwith print 300 copies of said bill, as amended,
for the use of the members of this house.
Air. Ew'ing, from the same committee, to wdiom was referred a
bill to provide for the collection of fines recoverable under the by¬
laws of the town of Russellville: reported the same with an amend-
HOUSE OF REPRESENTATIVES
bill to appropriate the tines ana lorleiuires in the counties oi onei-
by and Christian to the Shelby and Christian Academies: report¬
ed the same without amendment. And the question lieing taken
bn engrossing the said bill for a third reading, it was decided in
the negative; and so the said bill was rejected.
The following bills were reported from the several committees
appointed to prepare and, bring in the same, viz:
By Mr Ewing, from the committee for courts of justice—1. A
bill for the benefit of James G. Lindsey.
2. A bill to change the mode of ascertaining the value of slaves
executed.
3. A bill to repeal certain laws regulating certain turnpike
roads.
By Mr Stevenson, from the committee of religion— 4, A bill for
the benefit of Joarinah IMilner.
5. A hill for the benefit of Rebecca Hill.
By Mr Green, from the committee of ways and means—0. A
bill to provide for the ordinary expenses of government.
AVhich bills were severally received, and read the first time,
and ordered to be read a second time, (the third excepted,) which
was laid on the table.
And thereupon the rule of the house, constitutional provision,
and second reading of the first, fourth, fifth and sixth bills having
been dispensed with, the first, fourth and fifth bills were ordered
to be engrossed and read a third time; and the sixth was com¬
mitted to a committee of the whole house.
Ordered, That the Public Printer forthwith print 300 copies of
the sixth bill, for the use of the members of this house.
And thereupon the rule of the house, constitutional provision,
and third reading of the first, fourth and fifth bills having been
dispensed with, and the same being engrossed:
Resolved, That the said bills do pass, and that the titles thereof
be as aforesaid.
Ordered, That the clerk carry the said bills to the Senate and
request their concurrence.
Mr. G. W. Johnston, from the joint committee of enrolments,
reported that the committee had examined enrolled bills of the
following titles, and had found the same truly enrolled, viz:
An act continuing in force the law providing for the appoint-
unent of Commonwealth’s Attorneys.
An act to change the time of holding the Lewis and Greenup
circuit courts, and I'or other purposes.
An act authorising the county courts of Jessamine and other
f
counties, to appoint, in their respective counties, additional con¬
stables and justices of the peace.
An act to regulate the tines and forfeitures of Russell county.
An act for the benelit of John Cook.
An act for the benefit of IJicey Fletclicr.
An act for the benelit of James Parish.
An act for the benelit of Louisa Meriwether.
An act for the benelit of the Sherilf of Scott county, and for
other purposes.
An act tbr tlic benefit of Mary Goodwin.
An act to authorise the sale of a part of the real estate of Ev-
erard Clark, deceased, to pay his debts; and.
An act to amend an act requiring tavern-keepers, pedlars, and
the owners of covering horses and jacks, to pay taxes in advance
and obtain license, approved Dec. ‘2'2, 1831.
Whereupon the Speaker affixed his signature thereto.
Ordered, That Mr. G. W. Johnston inform the Senate thereof.
Mr. Green, from the committee of ways and means, made the
following report:
The committee of ways and means, in obedience to the resolu¬
tion of this house, instructing them to enquire into the expedien¬
cy of increasing the tax upon slaves, lor the purpose of paying for
such slaves as may' be hereafter executed; have performed that
duty, and have come to the following resolution:
Resolved, That it is inexpedient to impose any other or higher
tax on slaves than is, or may be, imposed on other articles of prop¬
erty, subject to taxation in proportion to their value.
Mr. E. Smith then moved to amend said resolution by substitu¬
ting the following in lieu thereof, viz:
Resolved, That it is expedient to impose an additional tax on
slaves, for the purposes aforesaid, and that the committee be di¬
rected to prepare and bring in a bill on (hat subject.,
A bill to prevent the importation of skives into this Common¬
wealth, was then taken up, and sundry amendments offered there¬
to; and after discussion thereon:
The house adjourned.
FRIDAY, DECEMBER 21.
1. Mr Southgate presented the petition of the Trustees of the
own of Covington, representing that by an act of 18‘2.5, the elec¬
tion for Trustees of said town were required to be held at a pub¬
lic school-house in said town, which is now in a state of decay;
theV therefore pray that a law may pass repealing said act. and
JOURISAL OF THE
[Dkc. 21
HOUSE OF REPRESENTATIVES.
that the citizens of said town be authorised to hold an election foi
Trustees at any place within the limits of said town.
2. Mr, Lockhart presented the petition of sundry citizens of
the county of Daviess, praying tliat a law may pass changing the
place of voting in the u]ipcr precinct in said county from tlie house
of Thomas Gore to John Pursell’s.
3. Mr. S. Young presented the remonstrance of sundry citizens
of Daviess county, I'emonstrating against the passage of a law to
change the place ol’voting from Thomas Gore’s, in the upper pre¬
cinct, in said county, to the house of John I’ursell, in said pre.r
einct.
4. Mr. D. AYhite jn-esented the petition of Ezekiel Taylor, jira} -
ing a divorce from his wife, Alice Taylor.
5. Mr. D. Morris presented the petition of Edwin llord, a citi¬
zen of Mason county, representing that sundry judgments have
been erroneouslv obtained against iiim in several actions of eject¬
ment, instituted by him against the same parties, praying that a
la\v may pass authorising him to prosecute one writ of error only.
making all the persons interested therein parties; suggesting that
the decision of one case will settle the principle applicable to all.
t). JMr. Jett presented the petition of the ollicers of the 76th
Regiment Kentucky Militia, praying that a law may pass to le¬
galize the proceedings of the (iourt of Assessment of the 76th
Regiment of Kentucky Militia, held on the last Monday in Octo¬
ber; 183:4.
Which said petitions were severally received, the reading dis¬
pensed with, and referred; the second and third, to the committee
of propositions and grievances; the first and fifth, to the commit¬
tee for courts of justice; the fourth, to the committee of religion;
and the sixth, to the committee on military alfairs.
A message was received from the Senate announcing the pas¬
sage of bills of the follow'ing titles:
An act appropriating certain lands for improving the Cannon
Creek road, in llarlan county.
An act to amend the law regulating proceedings in cases oi
ejectment and forcible entries and detainers.
An act to continue in force an act to incorporate the city of
Louisville.
And that the Senate had received official information that the
Governor did, on the I5th instant, approve and sign an enrolled
bill, which originated therein, of the following title;
An act to amend the law incorporating the town of Warsaw,
late Fredericksburg, in Gallatin county.
And on the 18th instant, those of the following titles:
An act supplemental to an act for the benefit of the Sheriff of
Garrard county.
140 JOURNAL OF 'I’llE -JL
An act adding Edmonson county to the sixth judicial district,
and for other purposes.
An act to legalize the proceedings of the Greenup county court,
at their last November term.
An act repealing an act declaring Dick’s river navigable.
An act for the relief of jailors.
An act to change the first constable’s district in Washington
county.
An act to change the names of Matilda McNutt and Jolm Mc¬
Nutt to those of Matilda Bayse and John Bayse.
An act regulating the ferry at the mouth of the Big Kentuckj
river, in Gallatin county; and,
An act for the benefit of Jeffersontown.
Mr. Ewing, from the committee for courts of justice, to rvhom
was referred the amendments proposed by the Senate to a bill
which originated in this house, entitled an act to change the mode
of publishing tlie -decisions of the Appellate Court of this Com¬
monwealth: reported the same without amendment. The said
amendment was then amended and concurred in.
Ordered, That the Clerk inforrn the Senate thereof.
]\Ir. Butler, from the committee of claims, to 'whom was refer¬
red a bill for the benefit of Edmund Curd: reported the same
without amendment. The said bill wms then read as follow-s, viz:
Be. it enacted by the. General Assembly of the Commonwealth of
Kentucky, That it shall be lawful for Edmund Curd, Receiver of
Public Moneys for the district of country West of the Tennessee
river, to apply to the Auditor of Public Accounts, and procure a
Avarrant upon the Treasury, for the sum pf fifty-five dollars thirty-
one and a fourth cents; and upon presenting said warrant the
Treasurer shall pay the full amount of said sum of money, the
;iame being the amount of expenses incurred and paid by said re¬
ceiver, in travelling to and returning from the town of Frankfort,
and whilst remaining at said town, for the purpose of making a
settlement with the Auditor, Register and Treasurer, in the month
of May last, pursuant to the requisitions of an act of assembly,
passed for that purpose, and approved December 22d, 1831.
The question Avas then taken on engrossing the said bill and
reading it a third time, which was decided in the negative: and
so tlie said bill was rejected.
The yeas and nays being required thereon by Messrs. Murray
and Gorin, were as folloAvs:
YEAS—Messrs. Jett, Murray, Nuttall, Pierce, Prince, Riffe, Seaton,
tv. Thomas, Thruston, and D. White—10.
NAYS—Messrs. Anderson, Bates, Bell, Boone, BoAvling, Braniletl,
Brown, Butler, Churchill, Collins, Cook, Copeland, CroAV, Covington,
Culley, Davis, Delaney, Dunlap, English, Fulton, Gorin, Green, Hay-
Uec. 21.] HOUSE OF REPRESENTATIVES.
14!
(!en, Hauser, Heady, Henry, Hughes, Innis, Jcf. Jennings, G. W. John¬
ston, W. Johnson, Kennedy, Lockliart, Lucas, McAfee, Marshall, Max-
ey. May, Montgomery, B. S. Morris, D. Morris, Pendleton, Sanders,
Scrivner, Shanks, Shepherd, Simpson, D. T. Smith, E. Smith, W. Smith,
Souihgate, Stevenson, B. F. Thomas, Thompson, J. Williams, S. Wil¬
liams, J. White, and S. Young—58.
Mr. Green, from the committee of ways and means, made the
following report:
The committee of ways and means, in obedience to the resolu¬
tion of this house, instructing them to enquire into the propriety
of amending the revenue laws of this Commonwealth, so as to
have the same collected in gold or silver, have discharged that
duty, and have come to the following resolution:
Resolved, That it is inexpedient to make any change in the ex¬
isting law, so far as it provides that the revenue of this Common¬
wealth shall be payable in notes of the Bank of the Common-
Avealth of Kentucky.
Which being twice read, was laid on the table.
Mr. 1). White, from the committee on internal improvements, to
wliom was referred a bill to constitute a Board of Internal Im¬
provements for Franklin county: reported the same rvith an amend¬
ment.
Ordered, That the said bill and amendment be committed to a
committee of the whole house.
On motion—
Ordered, That the committee on internal improvements be dis¬
charged from the further consideration of a bill to incorporate the
Licking river Navigation Company: and that the same be com-,
mitted to a select committee of Messrs. Harris, Tiiruston, Henry,
J. White, B. F. Thomas, Woolley, Marshall, Innis, and Rudd. '
Mr. D. White, from the select committee, to whom was refer¬
red a bill to provide for the erection of a bridge across Main Ea¬
gle, on the state road leading from Lexington to Ghent: reported
the same with an amendment; which lieing twice read, was con¬
curred in.
Ordered, That the said bill, as amended, be engrossed and read
a third time to-morrow.
The following l)ills were reported from the several committees
appointed to prepare and Ijring in the same, viz:
By Mr Ewdng, from the committee for courts of justice—1. A
bill to change the place of voting in the Caney precinct, in the
county of Ohio.
2. A bill to fix the times of holding the Trigg circuit court.
By Mr Butler, from the committee of claims—3. A bill for the.
benefit of Silas W. Robbins and others.
14-2 JOURNAL OF THE [Dec. 22.
Ry Mr Stevenson, fi om the committee of religion—4. A bill for
the benefit of I.ounisey Clilforcl.
By Mr E. Smith, from the committee on military affairs—5. A
bill authorising the building of an arsenal for the security and
preservation of the public arms.
Ey IMr Simpson—6. A bill to establish the town of Washing¬
ton port. in the county of Russell.
By Mr Gorin—7. A bill for the benefit of William R. Mc-
Ferrin.
By Mr B. S. Morris—8. A bill to amend the law in relation to
landlords and tenants.
By Mr Riffe—9. A bill to change the time of holding the No¬
vember term of the Casey circuit court.
By Mr Murray—10. A bill to appropriate a portion of the va¬
cant lands in the country West of the Tennessee river to the build¬
ing of-bridges in said district; and,
By Mr Delaney—11. A bill to increase the pay and regulate
the mileage of members of the General Assembly.
Which bills were severally received and read the fii-st time, and
(with the exception of the eleventh bill, which w’as laid on the
table,) ordered to be read a second lime.
And thereupon the rule of the house, constitutional provision,
and second i-eading of the first, third, fourth, sixth, seventh, ninth
and tenth bills having I)cen dispensed with, the first, fourth, sixth
and seventh were ordered-to be engrossed and read a third time;
the third and ninth were committed to the committee for courts
of justice; and the tenth, to the committee on internal improve¬
ments.
And thereupon the rule of the house, constitutional provision,
and third reading of the first, fourth, sixth and seventh bills hav¬
ing been dispensed with, and the same being engrossed:
Resolved, That the said bills do pass, and that the titles thereof
be as aforesaid.
Ordered, Tliat the Clerk carry the said bills to the Senate and
request their concurrence.
And then the house adjourned.
SATURDAY, DECEMBER 22.
A message from the Governor, by Mi’. Sanders, Secretary oi
State.
Mr. Speaker :—I am directed by the Governor to lay before this
house a message in waiting, transmitting tlierewith documents or¬
dered by the Convention of the people of South Carolina to be
Dec. 22.] HOUSE OF REPRESENTATIVES. 143
ti-ansmltted to the President of the United States, and to the Gov¬
ernor of each state.
And then he withdrew.
The said message was then taken up and read as follows, viz:
Gentleme^j of the Senate,
AND of the House of Representatives :
I TRANSMIT for yoiii' consideration certain documents, received on
the 19th instant, under cover from the executive of South Carolina.
The first in the series is the report of the committee of twenty-one to
the convention of tlie people of South Carolina, on the subject of the
several acts of congress imposing duties for the protection of domestic
manufactures. The second is an Ordinance, by a convention of the
state of South Carolina to nullify certain acts of the congress of the
United States, laying duties and imposts on the importation of foreign
commodities. The third is an address to the people of South Carolina,
by their delegates in convention. The fourth is an address to the peo¬
ple of the United States by the convention of the people of South Caro¬
lina.
These papers, gentlemen, present considerations of grave import to
the legislature and people of Kentucky. I ask of you to give the sub¬
ject a candid and dispassionate examination; it is one of no ordinary
magnitude; it presents an epoch in the history of our government that
may fix its destiny. It becomes us all to approach it as involving the
perpetuity of our union; as calculated to test the strength of our repub¬
lican government.
You will discover from the ordinance, that the convention assumes
the following ground; “We, therefore, the people of the state of South
Carolina, in convention assembled, do declare and ordain, and it is here¬
by declared and ordained, that the several acts and parts of acts of the
congress of the United States, purijorting to he laws for the imposing of
duties and imposts on the importation of foreign commodities, and now
having actual operation and eficct within the United States; and more
especially an act entitled, an act in alteration of the several acts im¬
posing duties on imposts, approved on the 19th May, 1828; and also an
act entitled, an act to alter and amend the several acts imposing duties
on imports, approved on the 14th July, 1832; are unauthorised by the
constitution of the United States, and violate the true meaning and in¬
tent thereof, and arc null, void, and no law, nor binding upon the state,
its officers, or citizens; and all promises, contracts and obligations, made
or entered into, with purpose to secure the duties imposed by the said
acts; and all judicial proceedings, which shall be hereafter had in af
Ml
JOURNAL OF THE
[Dec. 'Z'i.
lirmaiice tiicrcoi', arc and shall be held utterly null and void.” “ That it
shall not be larvful for any of the constituted authorities of this state, or
of the United States, to enforce the payment of duties, imposed by its
acts, within the limits of this state; but it shall be the duty of the legis¬
lature to adopt such measures, and pass such acts as may be necessar\
to give effect to this ordinance, and to prevent the enforcement and ar
rest the opera tion of said acts.”
The assumption of power by a single state to declare void the acts f't'
the congress of the United States, to forbid their execution within its
limits; to disfranchise all her own citizens, who will not join in the
crusade, and punish those who may aid in su.staining the constituted au
fhontics of the country; and, as is intimated, to fine and imprison the offi
eers of the general government for obedience to their constitutional oh
ligations and oaths; and to enforce the whole, as is further suggested, b}
a state army, is such a palpable infraction of the federal constitution, so
destructive to the union of this republic, and so subversive of all goofl
government, that I need not, I am sure, urge upon you the necessity of
prompt action on ywur part. The advocates of liberal principles through
out the world, will look with anxious solicitude to the result. It there
fore becomes us to save ourselves by taking such steps as will preserve
the union, perpetuate and transmit to posterity unimpaired our consti
tutional freedom and privileges, and demonstrate to the world that man
is capable of self government. It is deemed proper that our sister state-
should know what is the opinion of the people of Kentucky in relation
to the subject presented, as soon as our voice can be made to reach her
public authorities and citizens.
Gentlemen —Let us say to the people of South Carolina, that we re¬
gret o.xceedingly the state of things that has arisen. That the people of
Kentucky will do all that they can, consistently with their honor and a
just view of the constitution, to allay the excitement. That they will
contribute to an amicable adjustment of the tariff upon principles of mu
fual forbearance and concession. In fine, that they will, as far as they
are concerned, drain the cup of conciliation before ulterior measure'-
are taken. But we cannot surrender and yield this fine fabric of go\ •
eminent, the result of the wisdom of our ancestors, so well calculated to
contribute to the harmony, happiness and prosperity of the American
people. We cannot agree that a single state has a right, constitution¬
ally, to nullify an act of congress. Whence is the right derived? If ii
bo a peaceful, constitutional mode of redressing wrongs, snjiposed or
real, the constitution itself must point it out. Is it to be found there?
We think it cannot, even by implication. To suppose that such a right
Dec. 2-2.] HOUSE OF REPRESmTATIVES, 14o
was reserved by each of the sfateSj is at war with the design and ol'ject
of tiiose distinguished statesmen who formed our present constitution;
is inconsistent with the first principles of govcriiincnt,—obedience to the
laws made by the constituted authorities, an.1 power to enforce that obe¬
dience tyhen refused.
In vain did our ancestors gird on their armour, march to the field of
battle, and mingle their blood with the dust of the valley, if, wlien the
struggle is over, and a constitution formed, the continuity of the govern¬
ment is made to depend upon the will of any one of the twenty-four states.
The irovernment fir.st formed for our rule, was a confederation of the
thirteen states—a union of sovereignties. Experience soon pointed out
the necessity of a change; there had not been power conceded to the
government of the confederacy equal to its exigencies. The states,
w’hether large or small, had an equal voice in congress. Two-thirds
were necessary to the passage of laws. The states were required to
furnish their quotas of money, men, &.c. for the use of the nation; but
the general government had no authority to enforce a compliance with
those demands. It may safely ho affirmed, that a government thus or¬
ganised could not long exist. The states became jealous of each other.
New-York was unwilling to allow to Delaware as mucJi power as she
had. The states often delayed a compliance with the requisitions of
congress; nor did the government possess energy enough to command
respect at home or abroad. Pid)lic credit sunk, without the ability to
restore it. There was no unit}'of action in the several states, so essen¬
tial in all governments.
Thus, with the defects in the administration of our own government,
the monitory jlessons derived from history, in relation to the governmem,
and fate of the republics of other countries before them, the members
of the convention formed our present constitution with a view to avoid
the errors that had proved so fatal to the e.xistencc of other republics.
Happily, indeed, did they succeed. The anarchy of a democracy was avoid¬
ed; the corrujition of an aristocracy negatived, and the pow'erof a mon
archy checked and controuled. A representative republican government
was formed, with certain fi.xed powers delegated to congress, certain
rights re.served to the states—so organized in its various departments that,
each acts as a check upon the other, and the whole controuled by the
majesty of the people’s will.
Among the power.s thus expressly delegated, we find that “congress
shall have power to lay and collect taxes, duties, imposts and e.xcises te
pay the debts, and provide for the common defence and welfare of the
United States.” In virtue of that express power, congress has, upon
T
many occasiunSj coinraeiu iiig almost with the date of the constitution, uji
to tlie pre.-en. year, exercised it. The laws thus enacted by the consti¬
tuted an horities of the union, are now, according to tlie views of a ma¬
jor Ity of the ronvcntioii of South Carolina, annulled and nulliii-
ed, by an ordinance of iheir convention: and as they sayy in a peaceful
conslitu i.iiial mode. To concede that they' have such a right, would be
a. mltting diat the distinguished statesmen who gave us ihe constitution,
hiul ]MMfi'cd but little by"^ the liistory of other confederacies. It would
not have been admissible under our first imperfect association of slates.
In the Ujiitcd Netherlands one state had a right to put a negative upon
questions presented for enactment, in the states general^ so was it in
the Poli.'h diet; but it is not to Ije found in the history of the republics
of Greece or any otlier, ancient or modern, that a single state or
sovereignty, had a ri^Jit to nuliify a solemn act of its federative govern¬
ment.
It may be asked, what is is to be done in (lie event a state Itecomes
dissati.sfieu ? The answer is at hand. Look into the constitution. If it
be insisted that too much power has been delegated to the general gov¬
ernment, pursue (he mode pointed out for amendment; end if the requi¬
site nuinlter of states concur, tlie sui>posed evil will be remedied. Again—
hi,
if it be contended drat a given law is unjust in its operation, appeal to
the intelligence and [iatriotisin of the people; [ircsent remonstrances to
the congress of the United States, and endeavor to have it repealed or
aio lified. And, here let me remark, that our hretliren of South Caro¬
lina have good reason to anticipate an alleviation of what (hey regard
:;o onerous a burden. Tliey have their constitutional share in the admin-
i.stration of the general government; they have distinguished and able
uien on the floor of each house of congress,—a«(Z, have they not dis¬
covered a manifestation to reduce the tariff to a rate that may' be about
cipial to die nece.ssary expenditures of government. Much luis already
fv.ten done upon the subject. During the last four years duties have
been repealed equal to six or seven millions of dollars. The President
of the United States, in liis late message, has presented the matter again
to the consideration of congress, and recommended a further reduction.
May we not, wi:h some degree of confidence, say to South Carolina—
wait; stay tlie eflbrt about to be made, and the tariff may still be mod¬
ified in a way that will be satisfactory; do not hasten the dread crisis.
Remember the deeds of valor of your ancestors, their privations and suf¬
ferings in the revolutionary struggle, and the distinguished jiart they
bore in the formation of our government. The memory of the Pinck¬
neys,of Laurens, and of llayiie, of Moultrie, Sumpter and Marion, will
IIOUSl-: OF REPRESENTATIVES,
long be cherished hy every American patriot. And above all, remem-
ber fhe maxim adopted hy our t'atheiF—“United icesUind, .ivi ;e(l we
fall?'' The;! acted upon that maxim, solemnly impressed with its truth:
and will Iheir descendants put their negative upon it? I hope n t. I
cannot vet believe, that our friends of South Carolina wi 1 put to hazard
the many blessings secured to us, by our irresent firm of government.
Urge them rot to dally upon the bkixk of the precipice.
We are told that the remedy i.s a peaceful one, that it is a constitution¬
al mode. I am at a loss to understand how that is pos.sible. It is a sol¬
ecism manifest, that a state can be covered with the panoply of the con¬
stitution, and at the sametimchc acting against it. The attitm^e of a peace¬
able quiet citizen yielding obedience to the laws emanating from the con¬
stituted authorities, is very different from that of one who bids defiance
to their execution, and take the remed)^ into his own hands, declaring
liirnself the proper judge of their justice and propriety. Allegiance
and non-allegiance are repugnant, and not apposite to each other. “He
tliat is not for inc, is against me.”
But why this sounding <)f the note of preparation f u- war on
the part of South Carolina—the proposed organization of two thousand
men for the defence of Charleston and its dependencies, and of ten thou¬
sand troops, called “the slate guard?” Do H it sut'h acts prove'.hat the
remedy is any thing else :han a “peaceful one;” that it iswaruke? Call
the course pursued by what name you will,yimts are n.ot to be disguised.
It will, if persisted in, result in civil war with all its horroiv, which God,
in his infinite mercy, avert! Why, if nodiing e'se was in ended but
a peaceable remedy, this rapid succession of important events in Sotith
Carolina? The state elections in October; an e.xtraordinary meeting of
the legislature in November, to pass a law authorising a convention of
the people; the election held; the members meet; the ordinance adopt¬
ed, virtually declaring a severance of the union; a meeting of the le¬
gislature again, all in the same month; and a recommendation, by the
Governor, to pass such laws as maybe necessary to carry the ordinance
into effect; to raise and equip troops to be under the conti'ol of the state:
to authorise him to issue clearances to vessels, in case the revenue offi¬
cers should insist upon the ob.servance of the laws; to request the general
government to remove the United States’iroops from the citadel m C.'b.arles
ton. Why this manifest disposition to be on the alert! This solicitude dis¬
played by the celerity of those'inovements to bring the crisis to its cli¬
max? Let us again admonish our friendi?—do not hasten—wait, and
interchange opinions with other states and w'ith the general government.
Why make the communication (herewith sent.) to each of the states
US
JOURNAL OF THE
[Dec. 2si.
of the union, if the fatal stop is to he taken before suflicient time has
elapsed to receive an answer? Surely, the new attitude about to be as¬
sumed by South Carolina, cannot be so desirable as to call for sucli pre¬
cipitation. An attitude that exhibits the extraordinary s])ectacle of a sin¬
gle state aftemjiting to nullify that which has received the sanction of
congress, and of the executive, and of the jtidiciary of the whole union.
But the question made by the people of South Carolina in relation t*
the tariff is so intangible, and so difticult of being brought to any cer¬
tainty by any known rule, that it is not easy to come to any conventional
arrangement in regard to it. They admit the power of the general gov¬
ernment to lay duties on foreign importations, but deny that those duties
can be laid “with a view to protect the domestic manufactures of our
country.” If the motives of a measure are to fix its constitutionality, how
are they to be ascertained? One state might resolve that a given duty up¬
on an article would be protective in its character, another might think
otherwise; a duty that some years ago might have been regarded as pro¬
tective, may not be so now: and thus it is, that the cohesion of this Ame¬
rican government is made to depend, according to the view of South Caro¬
lina, upon the single fact, whether a law laying imposts has in it a single
clause of a protective character, whether a duty is too high or too low—
whether this article, that, or the other is selected or omitted in the scale;
and who, I ask, is to decide the question? The congress of the United
States, and the executive of the nation, to whom the subject properly be¬
longs? No. A majority of the people of South Carolina, or of any other
state, however small, according to this new theory. Thus it is, that a
single state might dictate to the whole general government, and to the
twenty-three other states. Can any one believe that intelligent states¬
men, such as formed the constitution, would have consented to such a
right—that they would have given to posterity a form of government,
with a te.xture so fragile? ipfinitely worse than the confederation itself.
It is not important to enquire, whether ours be a government of the
states or of the jjcoplc; for, whether of the one or the other, the right
claimed by South Carolina cannot be conceded. Whatever has been re¬
served, to the states they must be permitted to enjoy; but that which has
been granted to the general government must be under its direction.
As relates to those powers, the e.xcrcise of which is given exclusively to
the general governmen', the states, as sovereignties, have no negative, act¬
ing individually, as respects those powers delegated, reqttiring a conjoint
action of the general and state governments, the states act in their sove¬
reign capacities: as is the case in the mode of calling foiMh the militia into
Active service. There, requisition is made upqn the states to send forth
Dec. 22.] HOUSE OF REPRESENTATIVES.
14‘J
fheir quotas; they appoint and commission the officers; organise the corps,
and place it under the general government, lathe e.vecutionofthat branch
of power, wc have seen that difficulties and emfarrassments attended it,
even in the history of our own government during the last war; and that
such will often be the case where the action is joint, is fully proven by the
history of other republics. II'the mea.sures of the government have been re¬
retarded and embarrassed, in cases where the constitution requires joint ac¬
tion with the states, is it proper to allow to a state to place its negative upon
the e.xercise of a power expi'esslij delegated. Suitpose it was deemed projier
by the functionaries of the general government, to declare war again.st a
foreign power, and a single state was to resolve that although congress
have the e.xpress power over the matter, yet the cause was not sufficient,—
the motive that induced the action of the government was not a legiti ¬
mate one,—therefore unconstitutional, void, and of no effect—We will
annul it; we will impriiion the officers of the nation who will dare to
give allegiance to their government; we will swear our officers of the
state so to regard it, our jurors so to decide it; and if all that will not do,
we will raise an army of our state, to enforce the opinions we entertain.
What,I ask, would the people of Kentucky say ? Always patriotic, they
would answer as they did in the last war —We make no such question,
when our country calls by her constituted authorities; we go, whether it
be to Canada, to the North West, to New Orleans, or elsewhere; we are
for the field; we go, for our country, our whole country—our united
country. Will any one, even in this day, conclude in the case stated,
that it would be constitutional for a state to assume the attitude described ?
I think not. The effort would be as legitimate as the one now maidrig
in South Carolina; the authority is delegated with as much certainty and
precision to congress, in the one case as in the other.
It is desirable, gentlemen, that our sister states should be informed,
what is believed to be the fact, that, while Kenlitcky is ready to relieve
her from all just ground of complaint, she will not permit this union,
which protects us in the enjoyment of so many blessings, civil and reli¬
gious, to be torn asunder for any cause. Her infant blood flowed
freely to e.xtend the settlements in the frontiers; and both the North and
the South can bear witness that, although her position shielded her from
Invasion, her gallant sons, during the late contest with Great Britain,
were forward to meet toil, privation, and all the horrors of savage, as
well as civilized warfare, to maintain the dignity and assert the ri<Thts
of our common country.
She cannot consent that her treasure and her blood shall have been
expended in vain—she cannot consent that a sister state shall give to
our children waters of bitterness to drink.
150
JOURNAL OF THE
[Dec. -22.
It is considered proper that the general government, and ea; h of oui-
sister states, should clearly understand the course whirh a deep sense of
duty will retpairc Kentucky to take. I therefore recommend, that your
opinions be embodied in a series of resolutions; that you disapprove of
the revolutionary doctrines contained in the ordinance communk:ated;
that if, after all has been done that can be, towards a reci ncilia.ion ot this
unpleasant, unnatural controversy, and if South Carolina shah laisorc to
force, and resist the execution of the laws named, or make a violent at¬
tempt to sever herseiffrom the union, that the people ot Ihi.ssta e will stand
upon their duty and iheir allegiance, and will support the general govern¬
ment in the use of any legal and constitutional means necessary, to pre¬
vent the accomplishment of so sad a catastrophe; and that a copy of
those resolutions be sent to tlie Governor of South Carolina, to (he Pre¬
sident of the United States, the Governors of each of the other states,
and to each of our Senators and Representatives in Congress.
JOHN BREATHITT.
December 21, 1832.
rCOUlvISNTS
ACCOMPANYING THE GOVERNOR’S MESSAGE.
l.\ Convention", Colu.mbi.v, S. C.)
November'Mth, 183d. J
liesolvcdi That copies of the Ordinance just adopted by thisConvenlion, with the Re¬
port thereon, and the Addresses to the people of the several States, and of this State, be
uansinitled by the Governor to the President of the United States, to be by him submit¬
ted to Congress; and also, to the Governors of the several States, for the inforinatiou of
tlieir respective Legislatures. [Attest,]
I. W. IIAYNE, Clerk of the Convention.
Repout or THE co.iduttee of twenty one to the Convention of
THE People of South Cakolina, on the subject of the seveeal
ccTs OF Congress, imposing duties for the protection of domes¬
tic MANUFACTURES, WITH THE ORDINANCE TO NULLIFY THE SAME.
REPORT OF THE CONVENTION.
The committee to whom was referred “the Act to provide for the calling of a Convention
of the people of this State,” with Instructions “to consider and report tliereon and espe¬
cially as to tlie measures proper to be adopted by the Convention in reference to the
violations of the Constitution of the United States, in the enactment, by Congress, cm
divers occasions, of laws laying duties aotl imposts for the purpose of encouraging and
protecting domestic manufactures, and for other unwarrantable purposes;” beg leave
respectfully to submit the following
REPORT.
The committee, deejily impressed with the importance of the que?
dons submitted to them, and the weight of responsihililv involved in
151
nn
Dec. 2-3.J HOUSE OF REPRESENTATIVES.
iheir decision, Iiave given to the subject their most deliberate and anx¬
ious consideration. In stating the conclusions to whicli they have ar¬
rived, they I'eel that it is duo to themselves, to ihis Convention, and to
thepulilic at large, l.rieliy to review the history of the protecting sys¬
tem in ihis couniry; to show its origin, to trace its progress, to examine
its character, point out its evils, and suggest the appropriate remedy.
They propose to execute this lask with all possible brevity and simplici¬
ty, sensible that the subject is too well understood in all its bearings to
require at this time a very elaborate investigation.
in the natural course of human afl’airs, the period would liave been
very reraoie when the people of the United Stales would have engaged
in manufactures, but for the restrictions upon our commerce which grew
out of the war between Great Britain and France, and which led to the
non-iniercourse act, the embargo, and linally our own war of 1812. Cut
off by these events from a free commercial intercourse with the rest'Of
the world, the peopm of the United Slates turned tlieir attention to man¬
ufactures, and on the restoration of peace in 1815 tin amount of capital
had b een already invested in these establishments, whitdi made a strong
ajtpeal to the liberality,—we might almost say to the justice of the coun¬
try for protection; at least against that sudden injhix of foreign goods,
which it was feared would en ii eiy overwhelm these domestic establish-
men's. When, dierefore, in 1810, it became necessary that the revenue
should be brought down to the peace establishment, by a reduction of the
duties upon imports, it was almost by common consent conceded to the
claims of the manufacturers, that this reduction should he gradual- and
three years were acconlingly allowed for bringing down the duties to
the permanent revenue siaudard, which, embracing ail the ordinary^e.x-
penses of the government, with liberal appropriations for the Navy and
the Army, an extensive system of fortifications, and the gradual cxtinc-
ti'in of the public debt (then amounting to ^130,000,000,) was fixed at
20 per cent. If the manufacturers had at that time even hinted that per ■
manent protecti(jn was deemed indispensable to their success,—if the
.slightest suspicion had been entertainecy that instead of the gradual re¬
duction expves.siy provided for by the act of 1816, there would be claim¬
ed a gradual increase of the protecting duties, and that instead of being
brought down in three years to 20 per cent, the duties were to be carried
up to .50 or 100 per cent, and in many cases to prohibition, the painful
contest in w hich the couniry has been engaged for the last ten years on
this subject, would have commenced immediately, and it is confidently
believed, that in the temper of the public mind at that ti.me, ample secu¬
rity would have been found against the introduction of such a system.
But in defiance of the clear understanding of the w'hole country, and in
violation of the principles of justice and of good faith, that part of the act
above mentioned, which required that the duties should be reduced is
three years to 20 per cent, w'as rejiealed, and a broad foundation thus
laid for the permanent establishment of the protecting system. This
system has been still further extenried and fortified by the several suc¬
cessive acts of 1820,1824, and 1828, undl by the pa.ssing of the act of
1832, (to take effect after the discharge of the public debt) it has become
incorporated into our political system, as the “settled policy of the
COUNTRY.”
152 JOURNAL OF THE [Dec. 22.
We have not deemed it neces.sai'y, in tracing the origin and progress
of this sys.ein, to go further back than die commercial restrictions which
preceded die late war; for, whatever theoretical opinions may have been
e.xpressed by Alexander Hamilton and others in relation to it, at an ear¬
lier period, it cannot be denied that no duties were actually imposed be¬
yond those deemed indispensable for the public exigencies, and thatjirior
to the year 18115 no protectitm whatever ivas actually extended to man-
faetures, beyond what was strictly incidental to a system for revenue.
The discriminution between the lyrotcclcd and vnprotccted articles now
contended for as the very corner stone of the protecting system, was so
far from being established by that act, that the highest duties were ac¬
tually imposed on the verj^ articles now admitted duty free, while the
foreign manufactures which came into competition with our domestic
fabrics, were subjected to a low'er rate of duty. The truth, then, un¬
questionably i.s, that the protecting policy, according to the principles now
contended for, was never introduced into this country until the period
we have mentioned, when it crept insidiously into the legislation of Con¬
gress in the manner above described. This will be made abundantly
manifest to every one who will take the pains to trace the progress of
the duties from Ih per cent, in 1790—up to 25 per cent, in 1816—40
per cent, in 1824—and 50, 60, and even 100 per cent, in 1828 and
1832, and who will merely examine the manner in which these duties
were adjusted in the various acts here referred to. As early as 1820—
so soon, indeed, as the capitalists who had relied on the powers of tlie
Federal Government to enhance the profits of their in^'estments by Ic-
gisldtion, began to look forward to its eventual establishment as the set¬
tled policy of the country,—they clearly iterceivcd that an extension
of the appropriations to oi jeets not embraced in the specilie grants of the.
federal constitution was the necessary appendage of their system. They
well knew that the people would not long submit to the levying of a large
.surplus revenue merely for the protection of manufactures, carried on
almost exclusively in one quarter of the Union—and they therefore
sought, in the extension of the ajjpropriations to new o jeets, for a plau¬
sible and popular excuse fur the continuance of a system of liigh duties.
With that instinctive sagacityq wdii. h l)elongs to men who convert the
legislature of a country into an instrument for the promotion of their
own private ends, they clearly saw that the distriiuition of an enormous
surplus treasure would afford the surest means of hringing over (he ene¬
mies of the American Sy^steni to its support, and of enlisting in their
cause not only large iiiasses of the people, but entire States, who had no
direct interest in maintaining the protecting system, or who were even
in some respects its victims. No .scheme that ( he wit of man could pos¬
sibly have devised, was better calculated for the acco(nplishmcnt of this
object. It proposed simply to reconcile men to an unjust system of na¬
tional policy, by admitting them to a large share of the spoils—in a
ww’d, to levy contributions, by the aid of those who were to divide the
plunder. If (he United Smtes had constituted one great nation, with a
consolidated governmeni, occupying a territory of a limited exteni, in-
haliitcd by a people engaged in similar pursuits, and having homogenous
interests, such a system Would only have operated as a tax uiion all the
Dec. 2'2.]
HOUSE OF REPRESENTATIVES.
153
olher great in'crests of the S ate, for the benefit of ibat which was fa¬
vored by tlie laws, and when time had been ailow'ed for the adjiisunent
of society to this new condition ol’ its aflairs, he final result must have
been an aggi'Cgate diminu ion of the profits of the whoic community by di¬
verting a portion of the people from their accustomed employments, to less
pi'ofitaule pursuits. In such a case, the hope might perhajis have been in¬
dulged, that experien' e would demonstrate the egregious folly of enact¬
ing laws, the only effect of whi' h would be to supply the wan s of the
community at an increased exjiense of labor and capital. B it it is ihe
di.stingiiishing feature of the American System, and one which stamps
upon it the character of peculiar and aggiavated oppressi' n, that it is
mace applical le tea Conj'edek.vcy of twen y-foiir S vereign and Inde¬
pen ’cnt States—o tcupying a lerritory upwards of 2000 miles in ex.eiit,
ernb.racing every variety of soi', cliina'e, and production,—inhabited by
a people wliose institution.s ana in erests are in many respects diametri¬
cally opposed to each other,—widi habits and pursuits infinitely diversi¬
fied,—and in thegrea S lUtherii section of'he Union, ren.iere J, by local
circumsuiiices, altogether im apable of change. Under su' h circiim-
s ances, a system, which, under a consolidated government, would be
merely impolitic, an •, so far, an act of inj isiice to he whole communily,
becomes, n his couii ry, a S'.hemc of tiie m s' intolerable oppression,
because it may be, un i has in fact been, ao adjw.ted, as lo operate exclu¬
sively to the teiielii of a pariicular in.ores , and of panicuiar sections
of coiin'ry, ren.iering, in effe •, the industry of one portion of the con-
fe.ioracy tributary to d c rest. The laws have, accordingly, been so
framed, as to give a direct pe.'.uniui v in crest to a sectional majority, in
main-dining a grand system ly which taxes are in elfec: imposed u[ion
the few, for he benefi of .he ramv; and impose :, oc, by a sys era of
in irect taxati.m, so artfully .-on rive. , as to escape die vigilance of 'he
common eye, and masked iirr er such ingeiiio.is devi-cs, as to make it
extremely dirtiault to exjiose dieir true chara ier. Thus, under the pre¬
text of imposing duties for the payment of the public de. t, and provi¬
ding for the common deten .e tind genera'welfare, (powers expressly
coftferre.l on the Federal Govcrmiient by the C. nstituiioii) acts are pass¬
ed containing provisions flesigne.i exchisivel , and avowedly, for the pur¬
pose of securing to the American Manufacturers a monopoly in our
own markets to the great and munii’est prej i.'h e ol those who f.irni.-ih
the agricultural productions which are exchanged in foreign markets for
the very articles whi.-hitis the avowed olject ot these laws to exclude.
It so happens, hat six of the Southern S aces, whose industry is almost
exclusively agricultural, liocgh eim racing a population equal to only-
one'bird part of the whole Union, actually produce f a-exportation near
40,000,000 anm a.iy, being about two thirds of the whole d..mestic. ex¬
ports of the Uui'ed States. As it is thei interest, so it is, unquestiona¬
bly, their right, to carry these fruits of dieir own honest industry, to he
best marko^, vvidioutany inotesfation, hindran -e, or restraint whatsoever,
an-l subject to no taxes or other charge.“, hut such as m;ty he necessarj
for he payment of the reasonable expenses of the gove. nment.
B ;t how does this system operate upon our in bistry? Wiii-e imposts
to the amount of ten or twelve per r nt. (if arranged on just and equal
154
JOURNAL OF THE
[Dec. 22.
principle?) must be admitted to be fully adequate to all the legitimate
purpoiTes of Goveinmen—duties are actually imposed (wi h a few in¬
considerable exceptions) upon all the Woollens, Cottons, lion am. Manu¬
factures of Iron, Sugar, anu Salt—and almost every oihcr arti. le re¬
ceived in exchange for the Coiton, Rice, and T.obacci , of the South,
equal, on an average, to about 50 per cen . whereby, (in addition to the
injurious effects of this system in prohibiting some ar ndes and discour-
agingthe introduction of oiheri-) a tax equal to one half ol the first cost^
is imposed upon the Cottons, Woollens, and Iron, which are the fruits ol
Southern industry, in order to secure an advan age in the homo ntarket.
to their rivals, the American manufacturers of similar a.'iicles, equiva¬
lent to one half of their value—’hereby stimulating the industry ot the
North, and discouraging that of the South, by granting bounties to the
one, and imposing taxes upon the other.
The Committee deem it unnecessary to go into an elaborate examina¬
tion of the true character and secii.mal operation of the protecting sys¬
tem. The subject has of late been so frequently tind thoroughly exam-
inetl, and the bearing of the System been so completely exposed, that
the argument is e.xhaus ed. To the people of the Southern States, there
cannot be presenled a more touching or irresistible appeal either to their
understandings, or their hearts, than is found in the melancholy memo¬
rials of ruin and decay, which arc every where visible ai’ound us,—me¬
morials proclaiming the fatal character of that sy.stem, which has hronghf
upon one of the finest portions of the globe, in the full vigor of its early
manhood, the poverty and desolation, which belong only to the most ste¬
rile regions, or to the old age and decrepitude of nations. The moral
blight and pestileirje of unwise and partial legislation, has swept over
our fields, with “the besom of destruction.” The proofs are every where
around us.
It is in vain for any one to contend that this is a just and equal system,
or that the Northern States ]iay a full proportion of the tax. If this were
so, how is it to be accoun’Lcd for, that high duties are regarded in that
quarter of the Union, not as a burden, but as a blessing?
How comes it that a j)cople, certainly not unmindful of their interests,
are seen courdng the imposition of taxes, and crying out against any ma¬
terial reduction of the public burdens? Does not this extraordinary fact
afford conclusive evidence that high duties o[)erate as a bounty to North¬
ern industry; and that whatever ta.xes the manufacturers may pay', as
consumers, they are more dian remunerated by the advantages they en¬
joy as producers?—or, in other words, that they actually receive more
than they pay, and thereftre, cannot be justly’ said to be taxed at all—
When, in addition to all this, we take into consideration that the amount
of duties annually levied for (he protection of manufacturers, beyond the
necessary wants of the Government, (which c.innot be estimated at less
than 10 or 12,000,000) is expended almost exclusively in the Northern
portion of the Union,—can it c.xi iie any surprise, thiit under the opera¬
tion of the Protecting System, the manufacturing S ates should be con¬
stantly increasing in riches and grow ing in s’rengdi, w’irh an inhospitable
climate and barren soil, while the Southern S ates, the natural garden
of America, should be rapidly falling into decay. It is contrary to the
155
Dec. 22 .] HOUSE OF RllPRESENTATIVES.
general onler of Providence, that any country should long bear up a-
gainst a system, by which enormous contributions, raised in one quarter,
are sysiematically expended in another. If the sixteen millions of dol¬
lars now annually levied in duties on the foreign goods received in ex¬
change for Southern productions, wore allowed to remain in the pockets
of the people, or, by some just ajid eqtial system of approjtriation, could
be re.slored to them, the condition of the plantation Scales would unques¬
tionably be one of unexampled prosperily and happiness. Such was our
condition under a system office trade, and such W'ould soon again be
our enviable lot. Of the results which would thereby be produced, some
faint conception may be formed by imagining what would be the effect
upon the industry of the people of our own State, if the $‘8,000,000 of
foreign goods now annually received in e.xchange for our productions,
and paying duties to the amount of upwards of $3,000,000, could be ob¬
tained by us duty free, or the duties thus levied, were expended within
our own limits. Is it nut oiivious that several millions per annum would
thereby" be added to the available industry of South Carolina ? die effect
of which would assuredly be, to change the entire face of affairs in this
State, by enhancing the profits of the agriculturist, accumulating capital,
—^giving a fresh impulse to commerce, and producing a vivifying influ¬
ence upon every department of industry, (he happy consequences of
which would be experienced by every inhabitant of tiie State. We pre¬
sent this strong view of (he subject to shew the manifest justice of the
claim which South Carolina now sets up to iiave this system of raising
revenue, by duties upon imports, restricted within the narrou-cst limits,
and to shew how utterly impossible it is for us to consent to have it ex¬
tended beyond the indispensable wants of the government, cither for the
purpose of affording protection to tire industry of others, or of distributing
the proceeds among individuals or Slates.
Grievous, however, as the oppression unquestionably is, and calcula¬
ted, in the strong language of our own Legislature, “to reduce the Plan-
tion States to poverty and utter desolatiox,” it is not in this aspect
(hat the question is presented in its most dangerous and alarming form.
It is not merely that Congress have resorted, for unwarrantable purpos¬
es, to an oppressive exercise of powers granted to them by the Ci n-sti-
tution; but that they have usurped a power not granted, and have justi¬
fied that usurpation on principles, which, if sanctioned or submitted to,
must entirely change the character of the Government, reduce the Con¬
stitution to a dead letter, and on the ruins of our confederated republic,
erect a consolidated despotism, “without limitation of powers.” If this
be so, there is no man who is worthy of the precious heritage of liberty
derived from our ancestors, or who values the free institutions of his
country, who must nut tremble for the cause of freedom, not only in this
country, hut throughout the world, unless the most prompt and eflicient
measures are at once adop'ed, to arrest tlie downward course of our po-,
litical affitirs, to stay the hand of oppression, to restore the Constitution
to its original principles, and thereby to perpetuate the Union.
It cannot be denied that die Government of the United State.s possesses
no inherent powers. It was called into being by the States. The Stales
not only created it, but confeired upon it all its powers, and prescribed
JOURNAL OF THE
Before ;lio federal Uoveniiiieni Imdtliiis ..ecuoullod in:o Lciiig, he sev¬
eral biates iiiiquestiouahly possessed as full sovereignty, and were as in¬
dependent of each o;her as the most powerful nations of die world; and
in ihe free and uiir isputed exercise of that sovereignty, they entered in¬
to a solemn compact with each other, hy which it was"provided, hat for
certain specified ol jects, a General Government should le established
with strictly limited powers;—the several States retaining their sover¬
eignly unimpaired, and conhnuing to exercise all powers not expressly
granted to the Federal Government.
In the clear and emphatic language of Mr. Jefferson, “.he several
States comp.ising the United States of America, are not united on the
principle of unlimited submission to the General Government, hut by a
compact under the style and title of the Constitution of the United States,
they constituted a General Government for special purposes, delegati-d
to that Government certain definite power.s, 'reserving each State to it¬
self the residuary mass of right to their own self-government, and when¬
soever the General Government assumes undelcgated powers, its acts
are unauthoritative, void, and of no force.”'^ That such is the true na¬
ture of the federal compact, cannot admit of a reasonable doiilit, and it
follows of necessity, hat the Federal Government is merely a joint a-
gency, created by the State.'—diat it can exert no power not expre.ss-
ly granted by them, and hat when it claims any power, it must be able
to refer to the cku.'e in the < harier win h confers it. This view of the
Constitution of the Unfed S a:es, 1 rings he cpiestionof the constitution-
157
Dec. 22.] HOUSE OF REPRESENTATIVES.
another, agriculture a third; and if tlic regulation of commerce implies an
imlimiteu con.rol over every thing win. h constilu'es the o: ject of com¬
merce, it would follow, as a matier of course, tliafthe Federal Govern¬
ment may exert a su])reme dominioii over ihe whole lal.or and capital of
the country. This would transform our confederated Go\ernmeni widi
strictly limited powers, into an absolute de-i o ism,and of he worst sort,
where, unUer the forms of a tieeGovernmen , we should ha< e ihe spirit
of a despotic one, Ihis view of the su.’jecf, we should deem perfectly
conclusive, even if it could not be shevvn diai the [tower in ([uesiion, so
far from l.eing granted, was purposely Withheld from the Federal Gov-
ernmen', by the tfumers ot the C nstitii i n; and that theije are provisions
of the Gonstiiii ion, from which it may le fairly inferrcit, that it was in¬
tended to be re.served to the Sta es respectiveiy. L ajtpears from the
history of the proceedings of the Convention whu h framed the Consti u-
tion, hat the sui jeer ot the pkoi'ectiox ot manufacti/rcx, was several times
brought distinctly lo die view -.1 '.h.it ijody,au i tliai they did not see fit to
grant to the Fe eral Government the [lower in ques ion. In tlie original
piv’posi.i n, to confer on Coii ;rcss die poiver to irncose “ l uies, imposts
and e.vcise.',” was em. ra 'oe “pro'iihit ons and restraintx^’' which may
well ,e sup()osed to be in ended to em. race he [iro.oction of nmnulac-
tures; hut i. is reinarkablc, hat these words were omit'cd in die Keport
of the Committee, on that clause. On 'lie 18‘h •■■f August, a moti n was
made “to e.«tabli.-h rewards an ■ im o n^ ics.for theprwnotion of agricul¬
ture, commerce, trades and maiivfacturcs hut this proposi ii n also fail¬
ed. On a suLsequent day, it «o;s m, ve,; that there should Le Se< re-
taiy of Domestic Atlairs, who.^e du'y it should be to attend to mat¬
ters of general police, he state of af'rictdfurc and mamifuctures, he
opening of roads and naviga iui, and f,. ilitaiing ofintereomsc throm h
the United States; and that he sJiaii, from ime to time, reconmicnd such
measures and estabiishmen s as may tend to prom ’e these ol jens.
This [iroposiiion likewise failc'’, the Constitution containing no [irovision
in conformity therewith.
Now, as it is utterly irapossihie, that these several [iroposition.'- em¬
bracing imposts, duties, prohi: idons ami restrain s, and the eiicouia e-
ment ot manufacture.", could have been disposed of, wiila.ut brinn'ino'tl.e
whole question of domestic nian^ factures fully info view—it mus°fobow,
that, as no power was given to C.mgress over mamif.ictures, wliile be'
power to regulate commerce is expressly conferrei., it was not the in cn-
tion of the framers ot the Crtns'itution, to emriist this power to C.ingre."s,
Although repeatedly urged to confer such a power, they constanily re¬
fused ii; and the Constitution, ns finally radfied, contains no iirovi.sir n
whatever upon the subject. In the Report of I.u her Mardn, a dcle u. e
from Maryland, made to the Legislature of hi." Save, an e,\[)laiiaiioii is
given of the proceediags of the Cuivendon, in relation to this mat er
which removes every shadow of dom >, wi;h regard to the true ineaniim
and inmnt ot the framers of the C iistitution, in relation to the [.rutecticn
of man ifactiircs. It appears from his statemeiir, that, as the encorr-
agement of manufactures had I eon refused to le conferred upon he
leoeral Govemmen', it was die di-sircof Mr. Mcrtin and other,", to re¬
serve lo the ."fates all the means which they supposed to be necessarv
JOURNAL OF THE
for affording effectual encouragement to manufacturers within their own
limits. Among those it was presumed “that there might be cases in
which it would be proper, fur the purpose ot encouraging manufactures,
to lay duties to prohibit the e.xportalion of raw materials, and even in ad¬
dition to the duties laid by Congress on imports,/or the sake of revenue,
to lay a duty to discoukage the ihportation op particular articles
into a State, or to enable the manufaciurer here to supply us on as good
terms as could be obtained from a foreign market.”* Here it will be
seen that it is positively s:ated, by Mr. Mardn, that the power given to
Conf^ress to impose duties upon imports was given expressly ‘for the
sake of revenue;' and was not considered as extending to any duty “to
discourau-c the' importation of particular articles, for tlie purpose of en-
courau-iim manulactures,” and that it was considered that unless the sev¬
eral States should po.ssess this power, as well as that of prohibiting the
exporiation of certain raw materials, they would not be enabled to ex¬
tend that Complete protection to their own manulactures which might bo
deemed inuis])ensaLlc to their success. “The most, however,” says Mr..
Martin, “which we could obtain was, that this power might be exercised
bv the States, by and with the consent of Congress and subject to its
control.” Thus, then, it manifestly appears, that in relation to manu-
foctures, the framers of the Constitution positively refused to confer up¬
on the Federal Government, any power whatever;—^that the power to
lay duties &.c. was conferred fur the sake of revenue alone, and was not
intended to embrace the power to lay duties “to discourage the importa¬
tion of particular Airticles to enable the manufacturers here to supply
us on as good terms as could be obtained from a foreign market; and,
finally, dial the whole subject was left in the hands of the several states,
with the restriction, “that no State shall, w'ithout the consent of Con-
*’ Yates’ S-ecret Debates in the Convention, p. "
the several States, and ample security is lurnished, that no preierencn
will be given to one pursuit over another; and il it should be deemed
advisable in any particular state to extend encouragement to manulac-
lures, either bv direct appropriations of money, or m the way poin'.eU
out in the article of the Constitution above quoted, that this wil l.edone
not at the expense of the rest of the Uniorv but ot the particular Sla o
whose citizens are to derive the advaniages of those pursuits. Should
Massachusetts, for instance, find it to her advantage to engage in the
Manufacture of Woollens or Cottons, or Pennsylvania be desirous ot
encouraging the working of her Iron JMines, let those States grant boun¬
ties out of their own Treasuries, to the [lersons engaged in these pursuits;
and should it be deemed advisable to encourage their mamifactures by
duties, “discouraging the importation of similar articles m these re¬
spective States, let them make an application to Congress, whose consent
would doubtless be readily given to any acts of tliose States, Im ing these
obiects in view. The Manufacturers of Massachusetts and Pennsylva¬
nia would thus be encouraged at the expense of the people ol these States
respectively. But when they claim to do more than this, lo encour^o
their industry at the e.xpense of the industry of the people of the othei
States, to promote the Manufacture!! of tlis North at the expense ol the
A of the. South, bv restrictions upon Commerce, in a word, to
Mi
'■'i''/:'", i-i'ri'' til] '-i: t. -
JOURNAL OF THE
[Dec. 22.
they are designed, (as -ho acts of 1821, 1828, and 1832, confessedly
an(l avowe iiy have ■ eeii) for an eniirelv did'ereiit purpose, viz; for (he
eni’oerageiuent and pruino'.ion of inaiuifactures— he violaiion ol’ the
Constitution is no: lc.ss gross, delil.erax and palpal.Ie, hecause it as¬
sumes the most dangerous ot all fortns, a violation by perversion, die
use ot a power gran oil for one purpose, for anotlier and a difl’erent |)ur-
pose, in rela'ion to n lii"li Coflgress has no power to act at all. On (he
wh lie, even from the very briet and imperfect view which we have here
taken ‘ n 'his su. jec., we think we have demonstrated (hat the protect-
ing sys ein is as gross and rALPABLE a vioeatiox of the Constitutiox,
a- ording to i s tr.iC spirit, iiiieni and meaning, as it is untiuestionably
iWEiiUAL, OPPRESSIVE aoi l UNJUST in its hearing upon the great interests
of lie coitnwy and die several sections of the Union.
B It great as are the eviis of the Aire ican System, fatal as it assur¬
edly nitist be to die prosperi‘y of a lai’ge portion of the Union, and
gross as is die violaii..n of (he letter and spirit of the Constitution which
it perpetrates, die consequences which must inevitably result from the
establislinien ot die pernicious princi|)les on which it is founded, arc
evils ol still greater magnitude. An entire change in the character of
the.Government is the natural and necessary consequence of the appli¬
cation to die C. nsi uii'.n ol those ladtudinous rules of construction, from
whifdi .his system derives i s e.vis ence, and which must “consolidate the
States by degrees in o one sovereign y ; the obvious tendency and inevi¬
table result ot w hi h would be to transform the present representative
system of the Uni'eJ-'Statcs into a Manarchv.”*
We learlesfly appeal to all considerate men, whether it be in the nar
tureol things possible, to hold together such a Confederacy as ours, by
any means short of mid’ary despotism, after it has degenerated into a
CoNsoLinATED GovERNMiENT— liai is to sav, after it shall come to be its
established policy toe.vercise a general legislative control over the inte¬
rests and pursuits of the w hole American people.
Can any man be so infatuated as to believe, that Congress could regu¬
late wisely the whole laiior ami capital of this vast Confederacy ? Would
it not be a burden too grievous to 1 e borne, that a great central govern¬
ment, necessarily ignoram of the condition of the remote parts of the
country, and regardless, jicrhaps, of their prosperity, should undertake
to interfere wd.ii dieir domesdc [lursuits, to control their lalior, to regu¬
late their jiroperty, and to treat them in all respects as depende.nt col¬
onies, governed, not with I'cierence to their own interests, but the inte¬
rests ot odier.-? It such a sta*e of things must be admitted to be altc-
gedier intoleraole, we confidently ajipeal to the sober judgment and pa¬
triotic feelings of every man wdio values our free institutions and desires
to preserve hem whether the progress of the Gov'ernment towards
this result has not of late years been lapiJ and alarming? and whether,
if the downward course ot our affairs cannot be at once arrested—die
Gonsiimmation of this system is not at hand? No sooner had Congress
assumed the power of building iqi manufactures, by successive tariffs—
calcu ated and in.enJeM to drive men from agriculture and commerce
’•'Maiiisoii’s Ueport.
Al'i-
)
Dec. 22.] HOUSE OF REPRESENTATIVES. IGl
into more favored pursuit?—ihun internal improvements sprung at onc6
into vigorous existence. Fotsions have been enlarged to an extent not
only before unknown in any civilized country, but they have been es¬
tablished on -such principles, as manifest the settled pVirpose of bestow¬
ing the public treasure in gratuities to jtarticular classes of persons and
particular sections of country. Roads and canals have been commenc¬
ed, and stirveys made, in certain quarters of the Union, on a scale of
magnificence, which evinces a like determination to distribute the ptib-
lic wealtli into new and favoied channels; and it is in etitire accordance
both with the theory and practice of this new system, that the General
Government should absorb ail the authority of the States, and eventual¬
ly become the grand depository of the powers, and the general guardian
and distributer of the wealth of the whole Union. It is known to all
who have marked the course of our national alfairs, tliat Congress has
undertaken to create a Baxk, and has already assumed jurisdiction over
science and the arts, over education and charities, over roads and canals,
and almost every other suliject formerly considered as appertaining e.x-
elusively to the States; and that they claim and exercise an unlimited
control over the appropriation of the puhlic lands as well as of the pub¬
lic money. On looldng, indeed, to the legislation of the last ten years^
it is impossible to resist the conviction, that a fatal change has taken
place in the whole policy and entire operation of the Federal Govern¬
ment—that in every one of its departments it is, both in theory and prac¬
tice, rapidly verging towards Consolidation—asserting judicial suprema¬
cy over the sovereign Stales, extending execi'tive patroxage and in¬
fluence to the remotest ramifications of socieiy, and assuming legislative
control over every object of local concernment, thereby reducing the
States to petty corporations, shorn of their sovereignty, mere parts of
one great whole, standing in the same relation to the Union as a county
or parish to the State, of which it is a subordinate part.
Such is the true character, and such the inevitable tendencies of the
Americax System. And when the case, thus plainly' stated, is brought
home to the bosoms of patriotic men, surely it iiriiot possible to avoid the
oonclusion, that a political system, founded on such principles, must bear
within it the seeds of premature dissolution—and that though it may for
a season be extended, enlarged and strengthened, '■ hrough the corrupting
influence of patronage and power, until it shall have embraced in its
serpent folds all the groat interests of the State, still the time must comq.
when die peojile, deprived of all other means of escape, will rise up in
their might and release themselves from its thraldom, by one of those
violent convulsions, whereby society is uprooted from its fuundation.=.
and the edicH; of Reform is written in blood.
Against this system South Carolina lias remonstrated in the most ear
nest terms. As early as 1820, ihere was hardly a district or parish in
the whole State, from which memorials were not forwarded to Congress,
the general language of which was, that the protecting system was “ut¬
terly' subversive of their rights and interc.sts.'’’ Again, in 182.3 and
1827, the jieojile of this .State ro.se up almost as one man, and declared
to Congre.ss and the world, “that the protecting system was unconstitu¬
tional, oppressive, and unjust.” Bu' .hose repeated remonstrances were
163
JOURNAL OF THE
[Dec. 2'2.
answered only by repeated injuries and insults—by the enacting of the
tariffs of 1824 and 1828. To give gu'eaier dignity, and, if possible,
more effect to these appeals, the Legislature, in Dec. 182.'}, soleinnly
declared, “that it was an unconstitutional exercise of power on the part
Congress to lay duties to protect domestic manutacturesj’^ and, in 1828,
they caused to be presented to the Senate of the U. S. and claimed to
have recorded on its Journals the solemn Pkotest of the State ot Sovith
Carolina, denouncing this system as “uUerlxj unconstitutional, gi-ossly
unequal and oppressive, and suck an abuse of power as was ineompati-
ble with the principles of a free government, and the great ends of civil
society,'’' and tliat they were “then only restrained from the assertion of
the sovereign rights of the State, by the hope rtiat the magnanimity and
jtistice of the good people of the Union would effect an abandonment of
a system partial in its nature, unjust in its o])eralion, and not within the
powers delegated to Congress.” And, finally, in Dec. 1830, it was re¬
solved, “'That the several Acts of Congress, imposing duties on imports,
for the protection of domestic manufactures, arc highly dangerous, and
oppressive violations of the constitutional coinj)act; and, that whenever the
States which are suffering under the oppression, shall lose all reasona¬
ble hope of redress from the wisdom and justice of the Federal Govern¬
ment, it will be their right and duty to interpose, in their sovereign capa¬
city, for the purpose of arresting the progress of the evil occasioned bt
the said unconstitutional acts.”
Nor has South Carolina stood alone in the expression of these senti¬
ments; Georgia and Virginia, Alabama and Mississippi, and North Caro¬
lina, liave raised their voices in earnest remonstrances tyid repeated
warnings. Virginia, in 1828, in responding to South Carolina, declared
“that the Constitution of the United States, being a federa'ive compact
between sovereign States, in construing whi-h no common arbiter is
known, each Smte has a right to cons,rue the compact for itself; and that
Virginia, as one of the high contracting parties, feels itself bound to de¬
clare, and does hereby most solemnly declare, its deliberate conviction,
that the acts of Congress usually denominated tlie Tariff Laws, passed
avowedly for the prote'-tion of domestic manufactures, are not authorised
by the plain constructi.on, true in ent and meaning of the Constitution.”
Georgia, through her Legislature, pronounced tliis system to be one
“which was grinding down the resources of one class of the States, to
build up and advance the prosperity of another of the same confederacy
—and which they solemnly believed to be contrary to the letter and spirit
of the Federal Constirution,” and declared it to be the right of the several
Stages, in case of any infraction of the general com|)act, “to complain, re¬
monstrate, and even ref use obedience to any measure of the General Gov¬
ernment manifesily against and in violation of the Constitution, that oth¬
erwise the law might be violated with impunity, and without redress as
often as the majority might think proper to transcend their powers, and
the party injured would be bound to yield an imj)licit obedience to the
measure however unconstitutional, whi-h must tend to annihilate all sov¬
ereignty and independence of the States, and consolidate all power in the
General Government, which never was designed nor intended by the fra¬
mers of the Constitution.”
Alabama also protested against “the attempt to exclude the foreign in
favor of the domestic fabrics, as the exercise of a power not granted by
the Constitution,” and concluded, by stating “that she wished it to be dis¬
tinctly understood, that in common wiih the other Southern and South-
Western States, she regards the power asserted liy the Cicncral Govern¬
ment, to control her internal concerns by protecting duties, as a palpable,
usurpation ot powers, not given by the Constitution, and a species of op¬
pression little short of legalised pillage.”
North Carolina in the same spirit, declared that, rvhile “it was conced¬
ed that Congress have the express iiowcr to lay imposts, she maintains
that that power was given for the purpose of iJcacnac, and Revenue alone,
and that every other use of the power is an usurpation on the part of
Congress.” And finally, the Legislature of Mis.sisslppi “Resolved, tliat
the State of Mis.si.ssippi concurs with the States of Georgia, South Caro¬
lina and Virginia, in their different re.sclufi(. ns upon the sul ject of the Ta¬
riff, Colonization Society and Internal Improvement.”
It has been in the lace of all these remonstrance.s and protests, and in
defiance of these repeated warnings and solemn declarations, that the re¬
cent modification of the Tariff, by the Act of 1S32, was efiected. The
period of the final extinction of the Public Debt had always been locked
to as the crisis of our fate, when the policy of the country in reference to
the Protective Sy'stem was to Le finally settled. It was the p'eriod as¬
signed by common consent, as the utmost limi. of the fori.earance of South
Carolina, whose citizens felt that in the adoption of that System, their
Constitutional Rights had been trampled on, and their dearest interests
cruelly sacrificed.
No one could fail to perceive, that when every pretext for the continu¬
ance of the high duties under which the Southern Smies had sulfered for
so many years, was taken away by the payment of the National Debt,
and the consequent relief of the Treasury from an annual demand of
twelve miilions of dollars; that no reason could be given why these du¬
ties should not be brought down to the revenue standard, except that it
was deliberately designed to secure to the Manufacturers forever, the mo¬
nopoly they had so long enjoyed, at the expense of the other great inte¬
rests of the country.
Wo find accordingly, that the nc\v Tarilf, which is intended to take ef¬
fect, only after the final extinguishment of the Public Debt, has been ar¬
ranged and adjusted w ith a single eye to the perpetua'ion of this Sy.stem,
and wiih an entire disregard of the just claims of the Plantation States.
Whatever may be the amount of the aggregate reduction effected by this
bill, (and it is not pre'ended in the latest Treasuiw estimate, to exceed
§5,000,000, of which near §4,000,000 are on the unprotected anicles,) it
is not denied that it will leave a surplus of many millions in the Treasury,
beyond the usual e.xpcnses or neces.'ary wants of the Government; and
it is notorious—nay, it a[)pears on the face of the Bill itself—that while
duties to the •amount of 40, 50, and even 100 per cent, arc .still to be le¬
vied upon the protected articles, (that is to say, upon all the Cottons,
Woollens, and Iron, the Sugar and the Salt, and the other articles em-
hr-dced in the Protecting System,) the duties on the unprotected articles
have been reduced greatly below the revenue standard, and upwards of
Dec. 22.] HOUSE OF REPRESENTATIVES.
JOURNAL OF THE
^‘3,000,600 cniircly repealed; so that according to this System, as now
established, a large sarphis revenue, to be applied to Iniernal Improve¬
ments and other unwarrantable purposes, is to be levied by the imposi¬
tion ol enormous Taxes on the necessaries of life, the very articles re¬
ceived chielly in exchange for Southern productions; and this lias been
dune, in order to protect the industry of the North, with which ours comes
into competition, while the arthdes of luxury, universall}' acknowledged
to be the fittest subjects for Taxation, are to be admitted duty free.*
Now, let it be remem ^ered, that the very point in controversy has all
along been, not the Ilcvriwc, but the Protecting duties; and yet we sec,
that in answer to all our pelidons and remonstrances,Congress has been
graciously pleased to make an adjustment of the Tarillj which simply
consists in taking oft’the duties imposed for Revenue, while the protect¬
ing duties are allowed to remain substantiadly untouched. It was not so
much the amount of the imposition, as the inequality and injustice of the
Protecting System, that has roused the people of South Carolina to de¬
termined resistance: and yet, we find that this inequality has been ag¬
gravated, and that injustice perpetuated, by the deliberate adoption of a
measure, which was calculated and intended to rivet this System upon
us, beyond all hope of relief.
The grave and solemn question now occurs, what is to be done to re¬
deem ourselves from the state of Colonial vassalage into which we have
unhappily fallen? Shall we still continue to wait for a returning sense
of justice on the part of our oppressors? We are thoroughly persuaded,
that the hope can no longer he indulged, that the tariff majority m Con¬
gress will, of their ow n accord, relieve us from this cruel bondage—e.x-
perience teaches us that this expectation, so long and fondly indulged,
is utterly delusive. The only effect of further delay must be, to strength¬
en the hand of the oppressor, to crush the public spirit—ileaden the sen¬
sibility of the people to the inestimable value of their rights—and teach
them the degrading lesson of w’earing their chains in patience. It is al¬
most inconceivable, that any reflecting man can believe that the crisis in
our affairs, arising from the final extinction of the Public Debt,should he
sufl’ered to pass away, w'ithoiit reducing the tai’iff to the revenue stand¬
ard, and yet that such reduction may be expected to take place at some
future jieriod. What period so auspicious as that wdiich has been allow¬
ed to jiass away unimproved? Is any one so ignorant of human nature,
as not to know that the annual surplus, which then will be brought into
the Treasury, under the Act of 1832, will be speedily absorbed by new'
and enlarged appropriations, serving as additional props, to a system,
which some vainly imagine to bo tottering on its base, ready to fall under
its own weight? Even at the last session of Congress, the annual ap¬
propriations were enlarged by several millions of dollars, in anticipation
of this expected surplus; and the foundation is already laid for its absorp¬
tion, and when this shall be accomplished, w'here will be the hopes of
those who now' say that the evil is to correct itself, and who tell us that
the Act of 1832, which was in fact designed to rivet the System upon
^Sce 'J'reasnry Estiniatp, published in August last, shewing an aggregate reduction et’
^5,lb7,0Yy, of wliich $3,108,631 were made entirely free:
165
Dec. 22.] HOUSE OF REPRESENTATIVES.
file country forever—and was hailed by its friends, as “a clear, distinct,
aii'l indisputable admission of the principle of protection,” is to be view¬
ed as a blessed reform, presenting (ho brightest auspices for the future?
The trulh unquestionably is, that the American System is, from its very
nature, progressive. When its foundations irere laid, it was foreseen
and predicted (hat (he great interests which it would build up, would ex-
ert a controlling influence over the legislation of the country The his¬
tory of the world indeed afliu’ds no example of a voluntary relinquish¬
ment, by a favored class, of any pecuniary or political advantage, secur •
ed to them by the laws and general policy of the country. Force has
often torn from the hands of the oppressor, his unrighteous gains; but
reason and argument arc as vain in convincing the understanding, as
appeals to justice and magnanimity have ever proved to be impotent in
softening (he hearts of (hose who are enriched under the operation of
laws passed professedly for the public good. Who is there, that can for
one moment believe that any thing short of a direct appeal to their in¬
terests will induce the dependants upon the Fetleral Goveriimen:, the
wealthy sugar planters and ironmasters, or the joint stock companies,
who have millions invested in cotton and woollen iiictorie.s, yielding un¬
der the operation of the protecting system an annual income of 10 or 20
per cent, voluntarily to relinquish the advantages secured to them by the
laws, and consent to come down to a level with the other classes of the
community!. It is impossible. From every view then which your com¬
mittee have lieen able to take of this sulject, they are constrained to an¬
nounce to this Convention, the solemn truth, that after more than ten
years of patient endurance of a system, which is l elieved by (he people
of this State to he fatal to their prosperity wnA a. gross, deliberate and
palpable violation of their constitutional rights —afler the most earnest
and unavailing appeals to that sense of justice, and those common sym-
.pathies, which ought to bind together the diflerent members of a confede¬
rated republic, the crisis has at length arrived, when the question must
be solemnly and finally determined, whether there remain any means,
within the [tower of the State, by which these evils may be redressed?
It is useless to disguise the fact, or attempt to delude ourselves on thi.s
subject, the time has come when the State must either adopt a decisive-
course of action, or wo must at once abandon the contest. Wo cannoi
again petition—it would be idle to remonstrate, and degrading to pro¬
test. In our estimation it is now a question of Liberty or Slavery. —l!
is now to he decided, whether we sliall maintain (he rights purchased
by the precious blood of our fathers, and transmit, them imim[)aireil to
our posterity, or tamely surrender them without a struggle. We are con¬
strained to express our solemn conviction, that under the [irotccting sys¬
tem, we have been reduced to a state of “colonial dependemte, siifler
•itiK
and disgrace,” and that unless w’e now fly, with the spii-it which becomes
freemen, (o the rescue of our liberties, they are lost forever. Brought
up in an ardent devotion to the Union of the States, the people of South
Carolina have long struggled against the conviction, (hat the powers of
the Federal Government ha
iiave been shamefully perverted to (he purpos¬
es of injustice and op[)ression. Bound to their brethren by the proud
i;ecollections of the past, and fond hopes of the future, by common strug
160
JOURNAL OF THE
[Dec. 22.
gles for liberty and common glories, acquired in its defence—tliey have
been brought slowly, and with the utmost reluctance, to the conclusion,
that they are shut out from their st mpaihies, and made die unpitied vic¬
tims of an inexorable system of tyranny, which is without example in
any country claiming to be free. E.xperiencc has at lengdi taught us
the lamentable truth, that administered as the governrnen: now is, and
has been for several years past in open di.sregaTd of all the limitations
prescribed by the Constitution, the Union itsell’, instead of being a bless¬
ing must soon become a curse. Lilierty, w'e are thoroughly persuaded,
cannot be preserved under our system without a sacred and inviolable
regard not merely to the letter, but to the true spirit of the Constitution;
and without liberty the Union would not be worth preserving. If then
there were no alternatives liut to submit to these evils, or to seek a rem¬
edy even in Revolution itself, we could not, without proving ourselves
recreant to the principles hallowed by the example of our ancestors,
hesitate a moment as to our choice. We should say, in the spirit of
our fathers, “we have counted the cost, and find nothing so intolerable
as voluntary slavery.” But we cannot bring ourselves, for one mo¬
ment, to believe, that the alternatives presented to us are revolution
or slavery. We confidently believe, that there is a redeeming
spirit in our institutions, which may, on great occasions be brought
to pur aid for the purpose of j)reservmg the public libert}'—restoring
the Constitutiofi—and efl’ecting a regenei’ation of the Government, and
thereby producing a redress of intolerable grievances, without war,
revolution, or a dissolution of the Union. These great objects, we feel
assured, may even now be effected, unless those who are in possession
of the powers of the government, and charged rvith the administration
of our national aflairs, shall resolve to persevere in a course of injus¬
tice, and prove by their conduct that they love the usurpation (to which
the people of this State arc unalterably determined not to submit) bet¬
ter than the Union. We believe that the redeeming spirit of our sys¬
tem is State Soveeeioxtv, and that it results from the very form and
structure of the Federal Government, that when the rights reserved to
the several States are deliberately invaded, it is their right and their
duty to“interpose for the purpose of arresting the progress of the evil of
usurpation, and to maintain within their respective limits the authorities
and privileges belonging to them as independent sovereignties.”* If the
several States do not possess this right, it is in vain that they claim to be
sovereign. They are at once reduced to the ilcgrading condition of
humble dependants on the will of the Federal Government. South Car¬
olina claims to be a sovereign State. Slie recognizes no tribunal upon
earth as above her authority. It is true she has entered into a solemn
compact of Union with other sovereign States; but she claims, and
will exercise the right to determine the extent of her obligations under
that compact, nor will she consent that any other power shall exercise
the right of judgment for her. And when that compact is violated by
her co-States, or by the Government which they have created, she as-
.serts her unquestionable right, Hojtidge of the infractions, as well as of
the MODE and measure of EEDRESs.”t South Carolina claims no right
Virginia Resolutions ef ’98. tKentucky Resolutions of 1798.
167
Dec. 22.] HOUSE OF REPRESENTATIVES.
to judge for others. The States who are parties to tlie compact, must
judge each for itself, whether that compact has been pursued or violated;
and should they dilfer irreconcilably in opinion, there is no earthly tri¬
bunal that can authoritatively decide between them. It was in the con¬
templation of a similar case, that Mr. Jefferson declared, that if the dif¬
ference could neither be compromised nor avoided, it was the peculiar
felicity of our system, to have provided a remedy in a Convention of all
the State.?, by whom the Constitution might be so altered or amended,
as to remove the difficulty. To this tribunal. South Carolina is willing
that an ajipeal should now be made, and that the constitutional compact
should be so modified as to accomplish all the great ends for which the
Union was formed, and the Federal Government constituted, and at tlie
same time, restore the rights of the States, and preserve them from vio¬
lation hereafter. You committee purposely avoid entering here into
an examination of the nature and character of this claim, w’hich South
Carolina asserts, to interpose her sovereignty, for the protection of her
citizens from the operation of unconsii.utional laws, and the preserva¬
tion of her own reserved rights. In an Address, which will be submit¬
ted to the Convention, this sul ject will be fully e.xamincd, and they trust
that it will be made to appear, to the entire satisfaction of every dispas-
sionace mind, that in adopting the Okdinaxce which the Committee
herewith re[)ort, declaring the Tariff laws passed for the protection of
Domestic Manufactures, null and void, and not Law, and directing the
Legislature to provide, that the same shall not be enforced within the
limits of this State,—South Carolina will be asserting her unquestiona¬
ble rights, and in no way violating her obligations under the federal
compact.
Tlie Committee cannot dismiss this point, however, even for the pre¬
sent, without remarking that in asserting the principles, and adopting
the course, which they are about to recommend. South Carolina will
only be carrying out the doctrines, which were asserted by Virginia
and Kentucky in 1798, and which have been sanctified by the high au¬
thority of Thomas Jefi'ereon. It is from (he pen of this great apostle of
liberty, (hat we have been instructed that to the Constitutional compact,
“each State acceded as a State, and is an integral party, its co-states
forming as to itself the other party,” that “they alone being parties to
the compact are solely authorised to judge in the last resort of the pow¬
ers exercised under it; Congress being not a party but merely the crea¬
ture of the compactthat it becomes a sovereign State, “to submit to
undelegated and consequently unlimited power in no man or body of
men on earth—that in cases of abuse of the delegated powers, the mem¬
bers of (he General Government being chosen by the people, a change
by the peo|)le would be the Constitutional remedy, but where powers are
assumed which have not been delegated [the very case now before us]
A NULLIFICATION OF THE ACT IS THE EIGHTFUL EEMEDY; that every
State has a natural right in cases not within the compact [costw non
faderis] to nullify of their own authority all assumption of power by
others within their limits, and that without this right they would be un¬
der the dominion absolute and unlimited, of whomsoever might exer¬
cise the right of judgment for them,” and that in case of acts being pass-
JOURNAL OF THE
ed l)y Congress ‘’so palpably against the Constilntion as to amount to an
xmdisguised ueclaration, that the compact is not meant to be the meas¬
ure ol’the i)owers of the bieneral Government, but lliat it will prcK;eod
to exercise over the Stales all powers whatsoever, by seizing the rights
of the States, and consolidating them in the hands of the General Gov¬
ernment with a powei' assumed of binding the Stales, not merely in ca¬
ses made federal, but in all cases whatsoever, by laws made, not with
their consent, but by others against their consent, it would be the duty
of the States to declare the acts void and of no force, and that each
should take measures of its oicn for providing that neither such acts, nor
any other of the General Government, not plainly and intentionally au¬
thorised by the Constitution, shall be exercised witliin their respective
territories.”
Jii acting on these great and essential truths. South Carolina surely
cannot err. She is convinced, and has so declared to Congress and the
World, that the protecting system is, in all its brnnche.“, a “gross, delib¬
erate, and palpable violation of the constitution.” She believes that
after having exhausted every other means of redress in vain, it is her
right, and that it has now become her solemn duty, to interpose for ar¬
resting the evil within her own limits by declaring said acts “to be null
and void and no law, and taking measures of her own that they shall
not be enforced within her territory.” That duty she means to perform^
and to leave the consequences in the liands of Him, with whom are the
issues of life and the destinies of nations.
South Carolina will coniinue to cherish a sincere attachment to the
UMON of the States, and will to the utmost of her power endeavor to
preserve it, “and believes that for this end, it is her duty to watch over
and o])pose any infraction of those jirinciples which constitute the only
basis of that union, because a faithful observance of them can alone se¬
cure its existence.” She venerates the cosstitution and will protect
and defend it “against every aggression either foreign or domestic,”
but, above all, site estimates as beyond all price her liberty, which
she is unalterably determined never to surrender while she has the
power to maintain it. Influenced by these views, your eommitlee report
herewith for the adoption of the Convention a solemn DECLiUlATlON
and ORDINANCE.
AN ORDINANCE,
To NULLIFY certain Acts of the Congress of the United States, pur
porting to he Lairs Laying Duties and Imposts on the Importation of
Foreign Commodities.
Whereas, the Congress of the United States, by various acts, purporting to be acts
laying duties and imposts on foreign imports, but in reality intended for the protection of
domestic manufactures, and tlie giving of bounties to classes and individuals engaged in
particular employments, at the expense and to the injury and oppression of other classes
and individuals, and by w'holly exempting from taxation, certain foreign commodities,
such as are not produced or manufactured in the United »States, to afford a pretext for
imjiosing higher and excessive duties on articles similar to those intended to be protected,
bath exceeded its just powers under die Constitution, which confers on it no authority to
j
Dec. 22.J HOUSE OF REPRESENTATIVES. 169
niford such protection, and hath violated the iiue meaning and intent of the Constitution,
which provides for equality in imposing the burdens of taxation upon the several States
and portions of the ConfederacyAnd, whereas, the said Congress, exceeding its just
power to impose taxes and collect revenue for the purpose of effecting and accomplishing
the specific objects and purposes which the Constitution of the United States authorizes
it to effect and accomplish, iiaih raised and collected unnecessary revenue, for objects
unauthorized by the Constitution:
We, therefore, the people of the State of South Carolina, in Convention assembled,
do declare and ordain, and it is hereby declared and ordained, that the several acts and
parts of acts of the Congress of the United States, purporting to be laws for the impo¬
sing of duties and imposts on the importation of foreign commodities, and now having
actual operation and effect witliin the United States, and more especially an act entitled
‘‘ail act ill alteration of the several acts imposing duties on imports,” approved on the
nineteenth day of May, one thousand eight hundred and twenty-eight, and also an act
entitled “an act to alter and amend the several acts imposing duties on imports,” ap¬
proved on the fourteenth day of July, one thousand eight hundred and thirty-two, are
unauthorized by the Constitution of the United Stales, and violate the true meaning and
intent thereof, and are null, void, and no law, nor binding upon this State, its officers or
citizens; and all promises, contracts and obligations made or entered into, or to be made
or entered into with purpose to secure the duties unposed by the said acts, and all judi¬
cial proceedings which shall be hereafter had in affirmance thereof, are and shall be held
utterly null and void.
And it is further ordained, that it shall not be lawful for any of the constituted author¬
ities whether of tiiis State or of the United States to enforce the pa 3 'mcnt of duties im¬
posed by tlie said acts within the limits of this State; but it shall be the duty of the Le¬
gislature to adopt such measures and pass such acts as may be necessary to give full ef¬
fect to this ordinance, and to prevent (he enforcement and arrest the operation of the said
acts and parts of acts of the Congress of the United States, ivithin the limits of this
State, from and after the first day of Februarj* next, and the duty of ail other constitu¬
ted authorities, and of all persons residing or being witliin the limits of this State, anti
they are hereby reqifired and enjoined to obey and give effect to this ordinance and such
acts and measures of the Legislature as may be passed or adopted in obedience thereto.
And it is further ordained, that in no case of law or equity, decided in the courts of
this State, wherein shall be drawn in question the authority of this Ordinance, or die va¬
lidity of such act or acts of the Legislature as may be passed for the purpose of giving
effect thereto, or the validity of the aforesaid acts of Congress, imposing duties, shall aiiy
appcal be taken or allowed to the Supreme Court of the United States, nor shall any
copy of the record be permitted or allowed for that purpose, and if any such appeal shall
be attempted to be taken, tlie Courts of this State shall proceed to execute and enforce
their judgments, according to the law's and usages of the State, without reference to such
attempted appeal, and the person or persons attempting to take such appeal may be dealt
with as for a contempt of the Court.
And it is further ordained, 'J’hat all persons now holding any office of honor, profit or
trust, civil or military, under this State, (members of the Legislature excepted,) shall,
within such time, and in such manner as the Legislature shall prescribe, lake an oath,
well and truly to obey, execute and enforce this ordinance, and such act or acts of the
Legislature, as may be passed , in pursuance thereof, according to the true intent and
meaning of tlie same, and on the neglect or omission of any such person or persons so to
do, his or their office or offices, shall 1/e forthwith vacated, and sliall be filled up, as if
JOURNAL OF THE
[Dec. •M.
shall in like manner, have taken a similar oath; and no juror shall he impannelled in
any of the Courts of this State, in any cause in whicli shall be in question tliis ordinance
or any act of the Legislature, passed in pursuance thereof, unless he shall first, in addi¬
tion to the usual oath, have taken an oath, that he will well and truly obey, execute, and
enforce this ordinance, and such act or acts of the Legislature, as may be passed to car¬
ry the same into operation and effect, according to tlie true intent and meaning thereof.
And we, the people of South Carolina, to the end, that it may be fully nnderstootl by
the Government of the United States, and the peojrle of the co-.State^.‘, that we are de¬
termined to maintain this, our ordinance and declaration, at every hazard, do further de¬
clare that we will not submit to the application of force, on the part of the Federal Gov-
, ernment, to red uce tliis State to obedience; but that we will consider the passage, by Con¬
gress, of any act, authorizing the employment of a military or naval force against the
State of South Carolina, her constituted authorities or citizens; or any act, abolisliing or
oiosing the ports of this State, or any of them, or otherwise obstructing the free ingress
and egress of vessels, to and from the said ports; or any other act on the |)art of tlie
Federal Government, to coerce the Slate, shut up her ports, destroy or harrass her com¬
merce, or to enforce the acts hereby declared to be null and void, otherwise than through
the civil tribunals of the country, as inconsistent with iho longer continuance of South
Carolina in the Union: and that the people of this State will thenceforth hold, them¬
selves absolved from all further obligation to maintain or preserve their political connex¬
ion with the people of the other States, and will forthwith proceed to organize a separate
Government, and do all other acts and things, which sovereign and independent States
may of right do.
Done in Convention at Columbia, the twenty-fourth day of November, in the year of
our Lord one thousand eight hundred and thirty-two, and in the fifty-seventh year of the
Declaration of the Independence of the United States of America.
.TAMES HAMILTON, Ju.N. President of Oic Convention,
and Delegate from St. Peter's.
Thomas II. Colcock,
C. J. Colcoch,
Charles G. Capers,
Wm. C. Clifton,
West Caughman,
John Counts,
Benjamin Chambers,
I. A. Campbell,
Wm. Dubose,
John II. Dawson,
John Douglas,
George Douglas, •
F. II. Elmore,
Wm. Evans,
Edmund J. Felder,
A. Fuller,
Theo. L. Gourdin,
\rcMhald Young,
James IIa?nilton, sen.
Richard Bohun Baker, senr.
Samuel Warren,
Nathaniel Heyward,
Robert Long,
J. B. Earle,
L. M. Ayer,
Benjamin Adams,
James Adams,
James Anderson,
Robert Anderson,
William Arnold,
John Bull,
Barnard E. Bee,
Thomas W. Boone,
R. VU. Barnwell,
Isaac Bradwell,jr.
Thomas Pinckney,
Dec. 22.] HOUSE OF REPRESENTATIVES.
171
Thomas G. Blcwett,
Peter G. Gourdin,
P. M. Builer,
T. J. Goodwyn,
John G. Brown;
Peter GaiUuvd,jiin.
J. G. Brown,
John K. Griffm,
John Bausheii,
George W. Glenn,
A. Burl,
Alexander L. Gregg,
Francis Burt, jr.
Robert Y. Uayne,
Bailey l^arton,
William Harper,
A. Bowie,
Thomas Harrison,
James A. Black,
John Hatton,
A. H. Belin,
Thomas Harllee,
Philiii Cohen,
Abm. Huguenin,
Samuel Cordes,
Jacob Bond VOn,
John S, Jeter,
John Rivers,
Job Johnston,
Donald Rowe,
John S. James,
Benjamin Rogers,
M- Jacobs,
Thomas Ray,
J. A. Keith,
James G. Spann,
John Key,
James Spann,
Jacob H. King;
S. L. Simons,
Stephen Lacoste,
Peter J. Shand,
James Lynah,
James Alongin Smith.
Francis F. Lcgare,
G. H. Smith,
Alex. J. Lawton,
TVffi. Smith,
John Lipscomb,
Stephen Smith,
John Logan,
Wm. Stringfellow,
.7. Littlijbhn,
Edwin J. Scott,
A. Lancastar,
F. TV. Symmes,
John Alagrath,
J. S. Sims,
Bcnj. A. ALirkley,
T. 1). Singleton,
John S. Maner,
Joseph L. Stevens,
TV//i. AI. Alurray,
T. E. Screven,
R. G. Alills,
Robt. J. Turnbull,
John B. AIcCall,
Elisha Tyler,
D. 11. Aleans,
Philip Tidy man.
R. G. Alays,
Isaac B. Ulmer,
George AlcDuffie,
Peter Vaught,
James Aloore,
Elias Vanderhorst,
John L. Aliller,
John L. Wilson,
Stephen I). Aliller,
Ishani Walker,
John B. Aliller,
Wm. Williams,
R. P. AIcCord,
Thos. B. Woodward,
John Tj. Akoirell,
Sterling C. Williamson.
Jennings O'Bannon,
F. H. Wardluw,
Charles Parker,
Abner Whatley,
Wm. Porchcr,
J. T. Whitejicld,
Edward G. Palmer,
Saml.L. Watt,
Chs. C. Pinckney,
Nicholas Ware,
Wm. C. Pinckney,
Wm. Waties,
Francis D. Quash,
J. Walter Phillips,
ADDRESS
To the People of South Carolina, hp their Delegates in Convention.
FjiLLOW-CiTJZENS :
The situation in which 3 ’ou have been placed by the usurpations of the Federal
Government, is one wliich you so peculiarly feel, as to render all reference to it at this
moment unnecessaiy. For the last ten years the subject of your grievances has been
presented to you. This subject you have well considered. You Ira^e viewed it in all its
aspects, bearings and tendencies, and you seem more and more confirmed in the opinion,
expressed by both branches of the Legislature, that the 'rariff, in its operation is not
only ‘‘grossly unequal and unjust, but is such an abuse of power as is incompatible with
the principles of a Free Government, and the gre;u ends of civil society;” and that if
persisted in, “the fate of this State would be poverty and utter desolation.”—Correspon¬
dent with this conviction, a disposition is manifested in every section of the Country, to
arrest, by some means or other, the progress of this intolerable evil. This disposition
having arisen, from no sudden excitement, but having been gradually formed by the free
and temperate discussions of the press, there is no reason to believe, that it can ever sub¬
side, by any means short of the removal of the urgent abuse; and it is under this gener¬
al conviction, that we have been convened to take into consideration, no! only the char¬
acter and extent of your grievances, but also the mode and measure of redress.
This duty, Fellow-Citizens, we have discharged to tlie best of our judgments, and the
result of our deliberations, will be found in the Beclaratiox and Oudinance just pas¬
sed by us—founded on tlie great and undeniable truth, that in all cases of a palpable,
oppressive and dangerous infraction of the Federal compact, each slate has a right to an¬
nul, and io render inoperative within its limits all such unauthorized acts. After the lu¬
minous expositions which have been already furnished by so many great minds, that the
exercise of this right is compatible with the first principles of our anomalous scheme of
Government, it would be superfluous here to state at length, the reasons by which this
mode of redress is to be sustained. A deference however for the opinions of those of our
fellow-citizens, who have hitherto dissented from us, demands that we should briefly state
the principal ground upon which we place the right, and the expediency of Nulliflcaiioii.
The Constitution of the United States, as is admitted by contemporaneous writers, is
a compact between Sovereign States. Though the subject matter of that compact, was
a Government, the powers of which Govemme^U were to operate to a certain extent up¬
on the people of tiiose Sovereign States, aggregatcljj, and not upon the State Authorities,
as is usual in Confederacies, still tiie Constitution is a Confederacy. First; It is a Con¬
federacy, because in its fouxdations, it possesses not one single feature of nationality.
The people of the separate States, as distinct political communities, ratified the Con¬
stitution, each State acting for itself, and binding ks own citizens and not those of any
other State. The act of ratification declares it “to be binding on the States, so ratify¬
ing. The States arc its authors— their power created it— their voice clothed it with au¬
thority—the Government it formed is m reality their Government, and the Union of
which it is the bond, is a Union of States, and not of individuals.” Secondly; It is a
Confederacy, because the extext of the powers of the Goveriiment depends, not upon
the People of the United States collectively, but upon the State Legislatures, or on the
people of the separate States, acting in their State Conventions, each state being repre¬
sented by a single vote.
It must never be forgotten, tliat it is to the creating and to the controlling power, that
we arc to look for the true character of the Federal Government; for the present contro-
is, not as to the sources from which the ordinary powers of the Government ar-
JOURNAL OF THE
[Uei'. 2’<f.
t)EC,-2±] IiOUS]i: Oi' REPRESENTATIVES.
1 I o
drawn; these arc partly /«/era?, and partly national. Nor is it relevant, to consider,
upon whom those powers operate. In this last view, the Government for limited pur¬
poses, is entirely natic.nal. 'riie true (juesiion is, who arc the parties to the compact?
Who created, and who can alter and destroy it. Is it the States^ or the People? This
•question has been already answered* The States as States ratified the compact. The
People of the United States, coilcctiiely had no agency in its formation. 'I'herc did not
exist then, nor has tlieie existed at any time since, such a political body as the People of
the United States. Tiierc is not npw, nor has there ever been such a relation existing, as
that of a citizen Of New Hanijishire, and a citizen of South Carolina, bound together iu
the same Social Compact, it would be a waste of liine to dwell longer on this part of
our subject. We repeal, that as regards the fou.nuatiox, and tire extent of its powei-s,
the Government of liie United Stales,is strict!}*, what its name implies, a Federal Gov¬
ernment—a league between several Sovereigns, and in these views, a more perfect Con¬
federacy has never existed in ancient or modern times.
On looking iiuo this Constitution, we find that the most important sovereign jpwers are
delegated to the central Government, and all other powers are reserved to the States. A
foreign or an inattentive reader, unacijuainted with the origin, progress, and history of
the Constitution, would be very apt, from the pliraseology of the instrument, to tegard
the States, as having divested themselves of their Sovereignly, and to have become great
corporations subordinate to one Supreme Government. But this is an error. The Slates
are as Sovereign now, as tliey were prior to their entering into the compact. In com¬
mon parlance, and to avoid circumlocution, it may be admissible cnougli, to speak of
delegated and reserved Sovereignly. But correctly speaking, Sovereignty is an unit. It
is “one, indivisible and unalienable.” It is therefore an absurdity to imagine, that the
Sovereignty of the States, is surrendered in jpar^, and retained in part. I'he Federal
Constitution is a treaty, a confederation, an alliance, by whicii so many Sovereign States
agree to exercise their sovereign powers conjointly upon certain objects of external con¬
cern, in wliich they are equally interested, such as war, peace, co3LMERce, Foreign Ne¬
gotiation, and Indian Trade; and upon all other subjects of civil Government, they
were to exercise their Sovereignty separately. This is the true nature of the compact.
For the convenient conjoint exercise of the Sovereignty of the Stales there must of
necessity be some common agency or functionary. This agency is the Federal Govern¬
ment. It represents the confederated States, and executes their joint will, as expressed
in the compact. Tlie powers of tliis government arc wholly derivative. It possesses no
more inherent sovereignty, than an iucorjiovated town, or any otlier great corporate body
—it is a political corporation, and like all corporations, it looks for its powers to an ex¬
terior source, That source is the States. It wants that “inesistible, absolute, uncoii-
trouled authority,” without which, according to jurists, tlierc can be no sovereignty. As
the States conferred, so the S'.ates can take away its powers. All inherent sovereignly,
is therefore in the States. It is the moral obligation alone, which each state lias cho¬
sen to impose upon herself, and not the want of sovereignly, whicli restrains her from
exercising all those powers, which (as we are accustomed to express ourselves) slie has
surrendered to the Federal Government. The present organization of our Government,
as far as regards the temis in which the powers of Congress are delegated, in no wise dif¬
fers from ilie old confederation. The powers of the Old Congress were delegated rather
in stronger language, than we find them written down in the new charter, and yet he
would hazard a bold assertion, who would say, that tlie States of the old Confederacy
were not as sovereign as Great Britain, France and Russia, ..wouhl be in an alliance of¬
fensive and defensive. It was not the I'cscrvation in express terms of the “.Sovereignty,
Freedom, ami Independence of each State’' which made them sovereign. They would
liave been equally Sovereign, as is universally adinillecl, without such a reservation.
We have said thus much upon the subject of Sovereignty, because the only foundation
upon which we can safely erect the right of a State to protect its citizens, is, tliat South
Carolina, by the Declaration of Independence, became and has since continued a Free,
Sovereign and Independent State. 'Fhat as a sovereign state, site has the inkerent pow¬
er to do all those acts, which by the law of nations, any Prince or .Potentate may of right
do. That like a.l independent States, she neither lias, nor ought she to suffer any other
restraint upon her sovereign will and pleasure, than those high moral obligations, under
which all Princes ami States are bound before God and man, to perfonn their solemn
pledges. The inevitable conclusion from what has been said therefore is, that as in all
. cases of compact ■between Independent tSovereigns, where from the very nature of things,
there can be no common judge or umpire, each sovereign has a right “to judge as well of
infractions, as of the mode and measure of redress,” so in the present controversy, be¬
tween South Cai-oliiia and the Federal Government, it belongs solely to her, by her dele¬
gates in solemn convention assembled, to decide whether ilie federal compact be violated,
and what remedy the state ought to pursue. South Carolina therefore cannot, and will
not yield to any department of the Federal Government, and still less to the Supreme
Court of tlic United States, the creature of a Government, which itself is a creature of
the States, a right which enters into the essence of all sovereignly, and without whiclj, it
would become a bauble and a name.
It is fortunate for the view which wc have just taken, that the history of the Constitu¬
tion, as traced through the Journals of the Convention which framed that instrument,
places the right contended for upon tlie same sure foundation. These journals furnish
abundant proof, tliat “no line of jurisdiction between the States and P’ederal Govern¬
ment in doubtful cases,” could be agreed on. It was conceded by Mr. Madison and Mr.
Randolph, the most prominent advocates for a Supreme Government, that it was impos¬
sible to draw this line, because no tribunal sufficiently impartial, as they conceived could
be found, and tliat there was no alternative, but to make the Federal Government su¬
preme, b}’’ giving it, in all such cases, a negative on the acts of the State Legislatures.
The pertinacity with which this negative power was insisted on by the advocates of a
national Government, even after all the important provisions of the judiciary or third
article of tlic Constitution were arranged and agreed to, proves beyond doubt, that the
Supreme Court was never contemplated by either party in that Convention, as an arbiter,
to decide conflicting claims of sovereignty between the Slates and Congress; and the re¬
peated rejection of all proposals to take from the Stales, the power of placing their own
construction upon the articles of Union, evinces, that the States were resolvul never to
part with the right to judge whether tlie acts of the Federal Legislature were or were not,
an infringemem of those articles.
Correspondent witii the right of a Sovereign State to judge of the infractions of the
Federal Compact, is the duty of this Convention to declare the ext^t of the grievance,
and the mode and measure of redress. On both these points, public opinion has already
anticipated us, in much that we could urge. It is doubted, whether in any country, any
subject has undergone before tlie people, a more thorough examination tlian the constitu¬
tionality of the several acts of Congress for the protection of Domestic Manufactures.
Independent of the present embarrassments they throw in tlie way of our commerce, and
tlie plain indications, that certain articles, which are the natural exchange for our valua¬
ble staple products, are sooner or later to be virtually prohibited—Independent of tiic
diminution, which these impost duties cause in our incomes, and the severity of the
IIOlfSE OF REPRESENTATiVES,
upon all articles of consumption needeil by the poor, they recognize a principle, not less
at war with tlie ends for which this great confederacy was formed, than it is with tha t spir¬
it of justice, and those feelings of concord which ought to prevail amongst states, united
by so many common interests and exalted triumphs. The people surely need not be told,
in tills advanced period of intellect and freedom, that no government can be free, which
c.an rightfully impose a tax, for the encouragement of one branch of industry at tire e.x-
pense of all others, unless such a tax be justified by some great and unavoidable public
necessity. Still less can the people believe, that in a confederacy of States, designed
principally, as an alliance offensive and defensive, its authors could ever have contempla¬
ted, that the federal head should regulate the domestic industry of a widely extended
country; distinguished above all others, for the diversity of interests, pursuits and resour¬
ces in its various sections.^ It was this acknowleilged diversity, that caused the arrange¬
ment of a conjoint and separate exercise of the sovereign authority; the one to regulate
external concerns, and the other to have absolute control “over the lives, liberties, and
properties of the people, and the internal order, improvement, and prosperity of the
States.”
It is the striking characteristic in the operation of a simple and consolidated govern-
inent, that it protects Manufaaures, Agriculture, or any other branch of the public in¬
dustry—that it can establish corporations, or make Hoads and Canals, and patronize
learning, and the arts. But it would be difficult to shew, that such was tire government,
which the sages of the Convention designed for the States. All these powers were pro¬
posed ta.be given to Congress, and they were proposed by that party in tire Convention,
who desired a Jinn JS''ahonal Government. The Coirvention having decided on the
federal foinr, in exclusion of the national, all tlrese propositions were rejected; and yet
we have lived to see an American Congress who can hold no power except by express
grant, as fully in the exercise of these powers, as if they were part and parcel of their
expressly delegated authority. Under a pretence of regulating Commerce, they would
virtually prohibit it. VV ere this regulation of Commerce resorted to, as a means of co
creing foreign irations to a fair reciprocity in their intercourse with us, or for some other
bona Jide commercial purpose, as has been justly said by our Legislature, the Tariff acts
would be Constitutional. But none of these acts have been passed as countervailing or
retaliatory measures, for restrictions placed on out Commerce by foreign nations. Whilst
other nations seetn disposed to relax in their restraints upon trade, our Congress seems ab¬
solutely bent upon the interdiction of those articles of Merchandise, which are cxchang-
able for the products of Southern labor, thus causing the principal burthen of taxation to
fall upon this portion of the Union, and by depriving us of our accustomed Markets, to
imitoverish our whole Southern country. In the same manner, and under tlie pretence
of promoting the Internal Improvement of thb States, and for other equally unjustifiable
and unconstitutional purposes. Congress is in the constant habit of violating those funda¬
mental principles of the Constitution, on which alone can rest the prosperity of the States,
and the durability of the Union.
It is in vain to imagine, that with a people who have struggled for freedom, and know
its inestimable value, such a state of affairs can be enrlurcd longef than there is a well
founded hope, that reason and justice will resume their empire in the common council of
the confederacy. That hope having expired with the last session of Congress, by the-
present Tariff Act, distinctly and fully recognizing as the permanent policy of the coun¬
try, the odious principle of protection, it occurs to us, that there is but one course fox the
State to pursue. That course, fellow-citizens, is resistance. Not p/ijiXiVa/, but MOR¬
AL resistance—not resistance in an angry, or irritated feeling, but resistance by such
JOURNAL OF THE
[Dec. 22.
HG
coiintoi'legislaiion, whicli, whilst it shall evince to the world that our measures are built
upon the necessit}' of tendeiiiig to Congress an amicable issue, to I 17 a doubtful question,
Ijciween friends and neighbors, shall at the same time secure us in the enjoyment of our
lights and privileges. It matters not, fellow-ciiizens, by w)iat name this counter-legisla¬
tion sliall be designated—call it Nullification, State interposition, Slate veto, or by what-
.cver other name you please, still if it be but resistance to an oppressive measure, it is the
course which duty, patriotism, and self-preservation prescribes. If wc are asked, upon
what ground we place tiie right to resist a particular law of Congress and yet regard our¬
selves as a constituent member of the Union, we answer—tiic ground of the compact.
Wc do not choose, in a case of this kind, to recur to what are called our natural rights,
or the right of rovolution. We claim to nullify by a more imposing title. We claim it
as a coNsTiTL’TioNAD right, not meaning as some have imagined, that we derive the right
from tlie Constitution, for derivative rights can only belong to the functUiTwnes of tiro
high contracting parties to the Constitution, but we claim to exercise it as one of the par¬
ties to the compact, and as consisicnt with its letter, its genius and its spirit, it being dis¬
tinctly understood at the time of ratifying the Constitution, that lire exercise of all sove¬
reign rights not agreed to be liacl conjointly, were to be exerted separately by the States.
Though it be true, that the provision in favor of what we call tiie reserved rights of the
Slates, was not necessaiy to secure to the States such reserved rights, yet the mere cir¬
cumstance, of its insertion in the instrument, makes it as clear a ConsiiLutional provis¬
ion, as that of the power of Congress to raise armies, or to declare war. Any exercise
of a right in conformity with a Constitutional provision, we conceive to be a Constitu-
li-onal right, whether it be founded on an express grant of the right, or be included in a
general reservation of undefined powers. The Constitution being the supreme law, and
instrument in .vhich a distribution of powers is made betiveen the Federal Governmem
and the States, it is incumbent on the authorities of oacii Government, so to shape their
legislation as not to overstep the boundaries assigned to them. No act can therefore be
done by either Government, which for its validity can be referred to any other test, than
the STANDARD TIIE CONSTITUTION. If a State Government passes an act defining
and punishing a burglaiy, or a law abolishing the rights of primogeniture, it is more cor*,
reel to say, that she is in the exercise of her Constitutional^ than of her natural rights
because it is an exjjress Consiitnlional provision, that she sliould exercise all her sovereign
rights, not already entrusted to the common funciionary of the parties. As it is impos¬
sible then that any act can be passed by either Government, which if disputed, must not
be referred to the Constitution as the suprenro jaw of the parties, so a right is C’onstitu-
tional or unconstitutional, as it shall bo found to comport with or to be repugiiam to tlie
terms or the spirit of that instrument. There is not Uierefore a sovereign, or a natural
right, which South Carolina can lawfully exercise in conformity with her engagements,
which is not stipulated for in the tenth amendment to tlie Constitution.—All such rights
.stipulated for, must be Constitutional. To regard them otlierwise, would be a perversion
of terms.
That Nullification under our reserved rights was regarded as Constitutional by die Vir¬
ginia Resolutions of 1798, is clear from the exposition of them by the celebrated Report,
drawn by Mr. Madison. In defending the third of the resolutions, which asserts the doc¬
trine of Stale interposition and protection, the Committee say ^Hliat they have scanned
it not merely with a strict, but with a severe ei,e^ and they fe^l conhdcricc in pronounc¬
ing, that in its just and fair construction^ it is unexccptionably Intc in its several posi¬
tions^ as well as CONS'I'H'CITIONAIj and conclusive in its inferences.'''' What were
the positions of the third Ecsoliuion? 1st. That the powers of the Federal Government,
177
Dec. 22.] HOUSE OF REPRESENTATIVES.
were limited lo the plain sense of the instrument constituting the compact. 2d. That in
case of a deliberate, palpable, and dangerous infraction of the compact, tlic State has
the right to interpose, &c. Now what is the inference? It is, that‘‘they are in duty
bound to arrest the progress of the evil, by maintaining, within tlieir RESPECTIVE lim¬
its, the authorities, rights and liberwes appertaining to tliem.’’ This inference says the
Report, is “CONSTll’UTlONAL and conclusive.” T|ie same doctrine was as dis-
■tinctly affirmed by the Virginia Assembly in their Resolutions adopting the Report.-—
They say “that having fully and accurately re-examined and reconsidered tliese Resolu¬
tions, they find it to be their indispensable duty to ADHERE to the same as founded
in truth, as CONSONANT Vi'TTII THE CONSTITUTION, and as conducive to
ITS PRESERVATION.”
We are aware that it has been recently maintained, that by the State interposition re¬
ferred to in this third Resolution, the Virginia Assembly had allusion to the natural right,
and IVIr, Madison Idmself has been brought forward to give a construction to this Resolu¬
tion contrar}' to the most obvious import of the terms. Be it so. 'Pheii, if the State inter¬
position here spoken of, be a natural right, it is a right, which the Virginia Assembly have
pronounced “consonant with tlie Constitution, and as conducive to its preservation.”
Or in other words, that without the exercise of this natural sovereign right of interposi¬
tion, the Constitution cannot be preserved. There is no incongruity in this. It is quite
competent for two monaichs, to stipulate in a treaty for that right, wiiich independent of
the treaty, would be a natural right, as if a power were conferred by the treaty, on the
citizens of either Prince, to capture, adjudge and execute all subjects of the oilier enga¬
ged in piracy on the high seas. It certainly would be more proper to call such a right, a
Conventional right, than a natural right, though it be both. Several of the State Consti¬
tutions furnish instances of natural rights, being secured by a constitutional provision.
Even in the instrument we are now considering, there is a distinct affinnation in terms of
a natural right of sovereignty: such as tlie sovereign right of a State to keep troops and
ships of w'ar in a certain emergency, or the sovereign right of a State to lay inipon and
export duties, for the purpose of executing its inspection laws. In these cases, a uaiural
right is also a constitutional righi, contrary to the definition of tliose who maintain liiat
no right is properly constitutional whicli is a sovereign right—^iDecause constitutional rights
are derivative rights exercised by functionaries. That reasoning would be indeed strange,
which would place a natural reserved sovereign right, expressed in terms upon a better
footing, than all that mass of residuary power included in the general reservation of the
tenth amendment. It would be to create a distinction without a difference. The re¬
served rights, though undefined, are easily ascertained. Any particular right not found in
tflle enumerated powers of C’ongress, of course belongs to the States.
The right to nullify is universally admitted to be a natural or sovereign right—The
natural rights of tlie States arc also admitted to be tiieir refier\'ed rights.—If they are re¬
served, they must be constitutional, because the Constitution being an agreement to ar¬
range the mode by which the States shall exercise iheir sovereignty, expressly stipulates
for the exercise of these powers in all cases not enumerated. 'I’o some it may be unim¬
portant upon what basis we place the right of a State to protect its citizens, as counter-
legislation would be the beginning of resistance in either case; others ma)', perhaps just¬
ly, say, that the whole controversy is resolveable into a dispute as to what is, or is not,
the proper definition of a constitutional right—We, however, think it of infinite impor¬
tance, in urging the right of nullification, lo regard it as a constitulhnal^ ratlier than as
a natural remedy, because a constitutional proceeding is calculated to give it a pacific
course and a liigher recommendation.—I’he characteristic, in fact, of the American Con^
X
178
JOURNAL OF THE
1;Dec. 2^',
3 titutions in general, is, that they sanctify the fundamental principles of the American
Eevolntion. Whilst other nations have to resort to the law of nature, and by force to
drive despots from their thrones, tlius incurring what amongst them is odiously termed tlie
gniit of rebellion, we have the incalculable advantage of a thorough understanding
amongst all classes, that it is the right, as well as the duty, of a free people, to recur
when necessary to tlieir sovereign rights, to resist oppression. Such a sentiment as this
becoming familiar to the public mind, acquires prodigious strength, when its spirit is seett
to pers ade a written Constitution, and prevents rather than accelerates oppottunities for
ait unnecessary recurrence to revolutionary movements. Cnder such a striicttire of the
public sentiment, when the voice of a sovereign State shall be spoken, “it will he heard
in a tone, which virtuous governors will oftfi/, and tyrannical ones shall dbeau.” No¬
thing can more reconcile nullification to our citizens, than to know, that if we ate not
prt ceeding according to the forms of the Constitution, we are nevertheless adhering to its
spirit, 1 he convention which framed the Constitution, could not agree upon any mode
of settling a dispute like the present. The case was therefore left unprovided for, tinder
the conviction no doubt, as is admitted by Mr. Hamilton in “The Federalist,” that if
tile Federal Government should oppress the estates, the State governments would be rea¬
dy to check it by virtue of their own inherent sovereign powers. “It may safely be re¬
ceived as an AXio.it in our political system, (says Mr. Hamilton,) that the State goreni-
mcnis will, in all possible contingencies, aflbrd cohi'I.f.te siiCuitiTy against invasion of
the public liberty by the national authority—Projects of usurpation raniiot be masked
under pretences so likely to escape the penetration of select bodies of men, as of the peo¬
ple at large—The Legislatures will have better means of information—They can dis¬
cover the danger at a distance; and, possessing all the organs of civil power, and the
confidence of the jieople, they can at once adopt a regular plan of orrosnuox, in
which they can combine all the resources of the community.”
That measure cannot be revoUttionary, which is adopted, not with a view to resort to
force, but by some decisive measures, to call the attention of the co-States to a disptitcd
question in such a form, as to compel them to decide wliat are or are not the rights of tlie
States, in a case of a paliiablc and dangerous infraction of those fnndamental principles
of liberty in which they all have an interest.
In the e-xercise of the right of nullification, we arc not unmindful of the many objec¬
tions which liave been urged against it. Tliat it may embariass the present majority in
Congress, who arc fatally bent upon building up the sectional intetests of their constitu-
enis, upon the ruin of onr commerce, we can readily imagine; but these embarrassments,
on examination, will be found to proceed rather from an unwillingness on tlieir part to ad¬
just the controversy on principles of reason and justice, than from any real dilficulty ex¬
isting in the Constitution—'Die provisions of the Constitution are ample for taking tho
sense of the states on a question, more important than any which has occurred since the
formation of tlie Government—But if the spirit of justice departs from the councils, to
which we have a right to look up as the guardians of the public liberty and tlie publir
peace, no provisions of human wisdom can avail—We have heard much of tlie danger
of suffering one State to impede the operations of twenty-tlirce states; but it must be ob¬
vious to every considerate man, that the danger can only exist where a state is wrong.
If the people of anyone Stale are rig-Zif in the principles for which they contend, it is
desirable that they should impede tlie operations of Congress, until the sentiments of its
co-stales shall be had. A higher eulogy could not be bestowed upon our system, than
the power of resorting to some conservative principle, that shall stay a disruption of the
league. It is no argument to say that a Stale may have no grouuds on which to place
179
Dec. 9-1] HOUSE OF REPrvESENTx\TIVES.
herself upon her sovereign rights. Tliis is a possible, but by no means a probable case;
Experience has given us a most inslrucii\ e lesson on this very subject—it has taugiii us
that, the daijger is not that the State may resort to her sovereign rights too often, but that
it will not avail herself of tliem when necessary. Look, fellow-citizens, to our ^^tatc:—
for ten years wo have petitioned and remonstrated against the unconstitutionaliiy ol die
Tariff Acts, and iho’ the conviction lias been universal that the effects of tlie system
would be ruinous loonr interests, yet die difficulty has been great, to bring the people to
the resisting point.
And so with other objections. It has been maintained by us, that accortUng to the phi¬
losophy of the gOv crnmenl, and the true spirit of the compact, it becomes Congress in all
emergciKMes like the presejit, to solicit from the States, the call of a Convention. That
upon such a convocation, it should be incumbent on the Slates claiming the doubtfulpow-
er. to propose an anienrhnent to the Constitution, gh ing the doubtful power, and on fail-
ur«} to obtain i' by a conseiil of three fourths of all the States, to regard the power as nev¬
er intended to be given. We must be understood to say, this that was matter of even impli¬
ed stipulation, at the formation of the compact. The Constitution is designed!) silent on
tire subject, on account of the extreme difficulty in the minds of its framers of appointing
a mode of adjusting these differences. Tins difficulty we now discover was imaginary.
It had its source in apprehensions, which an experience of upwards of forty years has
proved to be without the shadow of a foundation. Many of the sages of that day, were
dissatisfied with their work for a reason, which is the very opposite of the truth. They
feared, not thatthe General Government would encroach upon the rights of the States, but
that the States would perpetually be disposed to pass their boundaries of power, and final¬
ly destroy the confederation. Had they been blessed with the experience which we have
acquired, there could have been no objection to trusting the States, who created the gov¬
ernment, and who would not fully embarrass it, with a veto under certain modifications.
It seems but reasonable, that a disputed power, which it would have required three
fourths of the States to add to the Constitution, ought not to be insisted on by a majority
in Congress, as impliedly conferred, if more more than one fourth should object to it. To
deny this, would be to decide finally the validity of a power by a positive majority of the
peopje at large, instead of a concurring majority of the States. There is it is true one
objection, and only one to this view, and that is, that under this'theor}", a majorityl ittle be¬
yond the three fourths, as for instance, seven States out of twenty four, might deprive Congress
of powers which have been expressly delegated. The answer to this, is that it would be
a very extreme case for a single Stale to claim the resumption of a powei, which it had
clearly delegated in terms. But it seems almost beyond the range of possibilty,
that six other States should be found to sustain a nullifying State in such a pretension.
Should such a case ever occur, as one fourth and upwards of the States resoh ing to break
their pledges, without the slightest pretence, it would shew, that it was time to dissolve
the league. If a spirit of friendship and fair dealing, cannot bind together the members
of this Union, the sooner it is dissolved the better. So that this objection is rather nomi¬
nal, than substantial. But the evil of this objection is that whilst its admission would re¬
lieve us from an imaginary peril, we should be plunged into that certain danger of an un¬
restricted liberty of Congress to give us instead of a confederated government, a goverii-
incut without any other limitation upon its power than the will of a majority.
Other objections have been urged against nullificaiion. It is said that the President or
Congress might employ the military and naval force of the United States to reduce the
nullifying State into obedience, and thus produce a civil dissejition amongst the members
of the confederacy. We do not deem it necessary in a community, so conversant with
i
1 . I
l' 18U ' JOURNAL OF THE [Dec. 22.
fhis part of the subject, as tliat of South Carolina, lo recapitulate the arguments which
have been urged against such an improbable course, both for the want of power, and on
the ground of expediency. But we cannot pass over one view, which 'flPe think sufficient
to quiet all apprehension on that score. We live in an age of reason and intellect. The
idea of using force on an occasion of this kiud, is utterly at variance with the genius and
spirit of the American people. In truth, it is-becoming repugnant to even to the geniu»
and spirit of the governments of the old world. We have lately seen in England one of the
greatest reforms achieved, which her history records—a reform, which her wisest statesmen
twenty years ago, would have predicted could not be accomplished without civil war,
brought about by a bloodless revolution, 'flie cause is manifest. Not only are the peo¬
ple eveiy where better informed, but such is tlie influence which public opinion exerts over
constituted authorities, that the rulers of this earth are more swayed by reason and justice
than formerly. Under such ex’ident indications of the march of mind and intellect, if
would be be to pay but a poor compliment to the people of these States, to imagine, that
a measure taken by a Sovereign State, with the most perfect good feeling to her confeder¬
ates, and to the perpetuity of the Union, and with no other view than to force upon its
members, tlie consideration of a most important constitutional question, should terminate
otherwise than peaceably.
Fellow-Citizens, it is our honest and firm belief, that nullification will preserve, and
not destroy this Union. But we should regret to conceal from you, that if Congress
shoiild not be animated with a patriotic and liberal feeling in this conjuncture, they can
give to this controversy what issue they please. Admit, then, tliat there is risk of a seri¬
ous conflict with the federal government. We know no better way to avoid the chance of
hostile measures in our opponents, than to evince a readiness to meet danger, come from
what quarter it will. We should think that the American Revolution was indeed to little
purpose, if a consideration of this kind, were to deter our people from asserting their
sovereign rights. That revolution, it is well known, was not entered into by our Southern
ancestors from any actual oppresssion, which the people suflfered. It was a contest wag¬
ed for PRINCIPLE, emphatically for principle. The calamities of revolution, strife and
civil war, were fairly presented to the illustrious patriots of those limes, wliich tried the
souls of men. The alternative was either to remain dependant colonies in hopeless ser¬
vitude, or to become free, sovereign and independent States. To attain such a distin¬
guished rank amongst the nations of the earth, there was but one path, and that the path
of glory—the crowning glor}' of being accounted worthy of all suffering, and of embracing all
thecalamities of a protracted war abroad, and of domestic evils at home, rather than surren¬
der their liberties. 'I'he result of their labors is known to the world, through the flood of light
which that revolution has shed upon the science of government, and the rights of man—
in the ‘‘LESSON it has taught the oppressor, and In the example it has afforded to the op¬
pressed”—in the invigoration of the spirit of freedom eveiy where, and in the ameliora¬
tion it is producing in the social order of mankind.
Inestimable are the blessings of that well regulated freedom, which permits man to di¬
rect his labors and his enterprise to the pursuit or branch of industry to which he conceives
nature has qualified him, unmolested by avarice enthroned in power. Such was the free¬
dom for which South Carolina struggled when a dependant colony. Such is the freedom
of which she once tasted as the first fruit of that revolutionary triumph which she assisted
lo achieve. Such is the freedom she reserved to herself on entering into the league. Such
is the freedom of which she has been deprived, and to which she must be restored, if her
commerce beworili preseiving, or the spirit of her Laurens and her Gadsden has not fled
forever from our bosoms. It in vain to tell South Carolina that she can look to any ad*
HOUSE OF REPRESENTATIVES,
ministration of the federal government for the protection of her sovereign rights, or the
redress of liersoutlicni wrongs. Where the fountain is so polluted, it is not to be expected
that the strea^n will again be pure, 'j’he protection to which in all represeniaii\ e goveni-
ments the peoj)le have been accustomed to look, to-wit, the responsibility of the governors
to the governed, has proved nerveless and illusor}'—under such asystem, nothing but a rad¬
ical reform in our political institutions can preserve this union. It is full lime that wo
should know what rights we have under the federal constitution, and more especially
ought we to know whether we are to live under a consolidated government, or a confeder¬
acy of States—whether the States be sovereign or their local Legislatures be mere corpo¬
rations. A FRESH UNDERSTANDING OF THE BARGAIN WC dccm absolutely NECESSARY-
No mode can be devised by which a dispute can be referred to the source of all power, but
by some one State taking the lead in the great enterprise of reform. Till some one
Southern State tenders to the federal government an issue, it will continue to have its “ap¬
petite increased by what it feeds on.” History admonishes us that rulers never have tlie
forecast to substitute, in good time, reform for revolution. They forget that it is always
more desirable that the just claims of the governed should break in on them “through well
contrived and well disposed windows, not through flaws and breaches, through the yawn¬
ing chasms of their own ruin.” One State must, under the awful prospects before us,
throw herself into the breach in this great struggle for constitutional freedom. There is
no other mode of awakening the attention of the co-Statesto grievances, which, if suffer¬
ed to accumulate, must dismember the union. It has fallen to our lot, fellow-citizens,
first to quit our trenches. Let us go on to the assault with cheerful hearts and undaunted
minds.
Fellow-citizens, the die is now cast. We have solemnly resolved on the course which
it becomes our beloved State to pursue—we have resolved that until these abuses shall
be reformed, NO MORE TAXES SHALL BE PAID HERE. “Millions for*
defence, but not a cent for tribute.” And now we call upon our citizens, native,
and adopted, to prepare for the crisis, and to meet il as becomes men and freemen.
We call upon all classes and all parties to forget their former differences, and to unite
in a solemn determination never to abandon this contest, until such a change be
effected in the councils of the nation that all the citizens of this confederacy shall
participate, equally, in the benefits and the burtiiens of the government. To this
solemn duty we now invoke you in the name of all that is sacred and valuable to man.
We invoke you in the name of that liberty which has been acquired by you from an
illustrious ancestr)^, and which it is your duty to transmit, unimpaired, to the most dis¬
tant generations. We invoke you in the name of that constitution which you profess
to venerate, and of that union which you are all desirous to perpetuate. By the reverence
you bear to these, your institutions—by all the love you bear to liberty—by the detesta¬
tion you have for servitude—by all the abiding memorials of your past glories—by tlie
proud association of your exalted and your common triumphs in the first and greatest of
revolutions—by the force of all those sublime truths which that event has inculcated
amongst the nations—by the noble flame of republican enthusiasm which warms your bo¬
soms, we conjure you in this mighty struggle to give your hearts and souls and minds to
your injured and oppressed state, and to support her cause, publicly and privately, with
your opinions, your prayers and your actions. If appeals such as tliese prove unavailing,
we then COMM AND YOUR OBEDIENCE to the laws and tlie authorities of the
State by a title which none can gainsay. We demand it by that allegiance, wliich is re¬
ciprocal, with the protection you have received from the State. We admit of no obedi¬
ence to any authority, which shall conflict with that primary allegiance, which every citi-
JOURxNAL. OF THE
['Dec. ^22
zcn owes to t!ic Stale of his birth or his adoption. There is not, nor lias tlierc ever been,
“any direct or immediate allegiance between the citizens of South Carolina and the I'e-
deral Government. The relation between them is through the State.” South Carolina
liaving entered into the Constitutional compact, as a separate, independent, political com¬
munity, as has already been stated, has the right to declare an unconstitutional act of
Congress, null and void—after her sovereign declaration that the act shall not be enforced
within her limits, “such a declaration is obligatory on her citizens. As far as its citizens
are concerned, the clear rightof the hitate is to declare the extent of the obligation. *
This declaration once made, tlie citizen has no course, but TO OBEi. If he refuses
obedience, so as to bring himself under the displeasure of his only and lawfid sovereign,
and within the severe pains and penalties, which by her high sovereign power, tire Eegis-
latnrc, will not fail to provide in her self-tlefetice, the fault, and the folly must be his on n.
-Vnd now, fellow-citizens, having discharged the solemn duty, to which we have been
summoned, in a crisis big with the most important results to the liberties, peace, safety and
happiness of this once harmonious, but now distracted confederacy, we commend our
cause to that great Disposer of events, who, (if He has not already, for some inscrutable
purposes of His own, decreed othenvise,) will smile on the efforts of truth and justice.
We know, that “unless the Lord keepeth the city, the watchman waketh but in vain
but relying, as we do, in this controversy, on the purity of our motives, and the honor of
our aids, we make this appeal with all the confidence, which in times of trial and diffi¬
culty, ought to inspire the breast of the patriot and Christian. Fellow-citizens, DO YOUil
DUTY TO YOUR COUNTRY AND LEAVE THE CONSEQUENCEcj TO
ADDRESS TO THE PEOPLE OF THE UNITED STATES,
: BY THE CONVEJflTON OF THE FEOPLE OF SOUTH CAKOLIKA.
ADDRESS
To Uic People of J^Iassachmctts, Virginia, jVew-York, Penmpluania, Jiorl'i Carolina,
Maryland, Connecticut, PermorU, Mew-Hampshire, Maine, jVew-Jersey, Georgia,
Delaware, Rhode Island, Kentucky, Tennessee, Ohio, Louisiana, Indiana, Missis¬
sippi, Illinois, Jllamba, and Missouri.
We, the people of vSoulh Carolina, assembled in Convention, have
solemnly and deliberately declared, in our paramount sovereign capa¬
city, that the act of Congress approved ihe lUtli day of iMay Itii^S, and
the act approved the 14ih July 18311, altering and amending the seve¬
ral acts imposing duties on imports, are unconstitutional, and therefore,
alisohitely void, and of no binding force within the limits of this Slate;
and for the purpose of carrying this declaration into full and complete
effect, v/o have invested the Legislature witli ample powers, and made
it the duty of all the functionaries and all the citizens of the Stale, on
Ihcir allegiance, to co-oporate in enforcing the aforesaid declaration.
In resorting to this important measure*, to which we have been im¬
pelled by the most sacred of all the duties which a free people can owe
cither to the memory of their ancestors or to the claims of their poster¬
ity, wc feel that it is due to the intimate political relation which e.xists
between South Carolina and the other States ot this confeticracy, that
we should present a clear and distinct exposition ol the principles on
HOUSE OF RFJ’RESENTATIVES,
whicli we have acted, and of the causes by which we have been re¬
luctantly constrained to assume this attitude of sovereign resistance in
relation to the usurpations of the federal government.
For this purpose it wid be necessary to state, briefly, what we con¬
ceive to be (he relation created by the federal Constitution, between the
States and the general government; and also, what we conceive to be
the true character and practical operation of the system of protecting
duties, as it affects our rights, our interests and our liberties.
We hold, then, that on their separation from the Crotvn of Groat Brit¬
ain, the several Colonies became free and independent Slates, each cn
joying the separate and independent right of self-government; and tliat
no authority can be c.vercised over them or wiihin their limits, but by
their consent, respectively given as Slates. It is equally true, that the
Constitution of the United States is a compact formed between the sev¬
eral States, acting as sovereign communities; that the government cre¬
ated by it is a joint agency of the States, appointed to execute the pow¬
ers enumerated and granted by that instrument; that all its acts not in¬
tentionally atuhorised, are of themselves essentially null and void, and that
the States have the right, in the same sovereign capacity in which they
adopted the federal Constitution, to pronounce, in the last resort, author¬
itative judgment on the usurpations of the federal government, and to
adopt such measures as they may deem necessary and expedient to ar-
re.st the operation of the unconstitutional acts of that government, with¬
in their respective limits. Such we deem to be the inherent rights of
the States—rights, in ihe very nature of things, absolutely inseparable-
from sovereignly. Nor is the duty of a State, to arrest an unconstitu¬
tional and o|>pressivc act of the federal government, less imperative,
than the right is incontestible. Itlach State, by ratifying the federal
Constitution, and becoming a member of the confederacy, contracted an
obligation to “protect and defend” that instrument, as well by resisting
the usurpations of tiie federal government, as by sustaining that gov¬
ernment in the exercise of the powers actually conferred upon it. And
the obligation of the oath wdiich is imposed, under the Constitution, on
every functionary of the States, to “preserve, protect, and defend” the
federal Constitution, as clearly comprehends the duty of protecting and
defending it against the usurpations of the federal government, as that
af protecting and defending it against violation in any other form, or
from any other quarter.
It is true, that in ratifying the federal Constitution, the States placed
a large and important portion of the rights of their citizens under the
joint protection of all the States, ivith a vietv to their more effectual se¬
curity ; but it is not less true that they reserved a portion still larger and
not loss important, under their owm immediate guardianship, and in rc
lation to which their original obligation to protect their citizens, from
whatever quarter assailed, remains unchanged and iindimini.shed.
But clear and undoubted as we regard the right, and sacred as we re¬
gard the duty of the States to interpose their sovereign power for the
purpose of jirotecting their citizens from the unconstitutional and op¬
pressive acts of the Federal Government, yet we are as clearly of the
opinion, that nothing short of that high moral and political necessitv,
JOURNAL OP THE
which results from acts of usurpation, subversive of the rights and lib¬
erties of the i)eop!e, should induce a member of this confederacy to re¬
sort to this in!erj)osition. Such, however, is the melam'holy and pain¬
ful necessity under which we have declared the acts of Congress im¬
posing |)rofecting duties, null iuid void within the limits of South Caro¬
lina. The spirit and the principles which animated your ancestors and
ours, in the councils and in the fields of their common gh.ry, forbid us
to submit any longer to a system of legislation, now become the estab¬
lished policy of the Federal Government, by which we are reduced to
a condition of colonial vassalage, in all its aspects more oppressive and
intolerable than that from which our common ancestors relieved them¬
selves by the war of the revolution. There is no right which enters
more essentially into a just conception of liberty, than that of the free
and unrestricted use of the productions of our industry. This clearly
involves the right of carrying the [troductions of that industry wherever
they can be most advantageously e.xchanged, whether in foreign or do¬
mestic markets. South Carolina protluccs, almost e.xclusively, agricul¬
tural staples, which derive their princijtal value from the demand for
them in foreign countries. Under these circumstances, her natural
markets are abroad; and restrictive duties imposed upon her intercoursb
with those markets, diminish the e.xchangeable value of her productions
very nearly to the full e.\tent of those duties.
' Under a system of free trade, the aggregate crop of South Carolina
could be exchanged for a larger quantity of manufactures, by at least
one third, than it can be now exchanged for under the protecting system.
It is no less evident, that the value of that crop is diminished by the
protecting system very nearly, if not precisely, to the extent that the
aggregate quantity of mantifactures which can be obtained for it is di¬
minished. It is, indeed, strictly and philosophically true, that the (juan-
tity of consumable commodities which can be obtained for the cotton
and rice annually produced by the industry of the State, is the precise
measure of their aggregate value. , Bat for the prevalent and habitual
error of confounding the money price with the exchangeable value of
our agricultural staples, these pro|)osltions would be regarded as self-
evident. If the protecting duties were repealed, one hundred bales of
cotton or one hundred barrels of rice would purchase as large a quan¬
tity of manufactures, as one hundred and fifty will now purchase. The
annual income of the State, its means of purchasing and consuming the
necessaries and comforts and luxuries of life, would be incretised in a
corresponding degree.
Almost the entire cotton crop of South Carolina, amounting annually
to more than six millions of dollars, is ultimately exchanged either for
foreign manufactures, sidject to protecting duties, or for similar domes¬
tic manufactures. The natural value of that crop would be all the man¬
ufactures which we could obtain for it under a system of unrestricted
commerce. The artificial value, produced by the unjust and unconsti¬
tutional legislation of Congress, is only such part of those manufactures
as will remain after paying a duty of fifty percent, to the Government,
or, to speak with more precision, to the Northern manufacturers. To
make tliis obvious to the humblest comjtrehension, let it be supposed that
}
185
Due. 22.] HOUSE OF REPRESENTATIVES.
the whole of the present crop should be exchanged, by tlic planters
themselves, fur ihosc foreign manufactures, for which it is destined, by
the inevitable course of trade, to be ultimately exchanged, eidier by
themselves or their agents. Let it be also assumed, in conformity with
the facts of the case, dtat New-Jersey, for example, produces, of the
very same description of m.mufactures, a quantity equal to that which
is purchased by the cotton crop of South Carolina. W'^e have, then, two
States of the same confederacy, bound to bear an equal share of the
burthens, and entitled to enjoy an equal share of the benefits of the
common government, with precisely the same quantity of productions,
of the same quality and kinti, produced by their lawful industry. iVo
appeal to your candor, and to your sense of justice, to say whether
South Carolina has not a title as sacred and indefeasible to the full and
undiminished enjoyment of these productions of her industry, acquired
by the combined operations of agriculture and commerce, as New Jer-
.sey can have to the like enjoyment of similar productions of her indus¬
try, acquired by the process of manufacture ? Upon no principle of
Constitutional right—upon no principle of human reason or justice, can
any discrimination be drawm between the titles of South Carolina and
New-Jersey to these productions of their capital and labor. Yet what
is the discrimination actually made by the unjust, unconstitutional and
partial legislation of Congress 1 A duty, on an average, of fifty per cent
is imposed upon the productions of South Carolina, while no duty at all
is imposed upon the similar productions of New-Jersey! Tlie inevita¬
ble result is, that the manufactures thus lawfully acquired by the honest
industry of South Car'olina are worth, anntially, three miliions of dol¬
lars less to her citizens than the very same quantity of the very same
description of manufactures are worth to the citizens of New-Jersey—
a difference of value produced e.xclusively by the operation of the pro¬
tecting ey.stem.
No ingenuity can either evade or reftite this proposition. The very
axioms of geometry are not more self-evident. For even if the plant¬
ers of South Carolina, in the case supposed, were to sell and not con¬
sume these productions of their industr)', it is plain that they could ob¬
tain no higher price for them, after paying duties to the amount of
^3,000,000, than the manufacturers of New'-Jerscy would obtain for
the same quantity of the same kind of manufactures, without paying
any duty at all.
This single view of the subject exhibits the enormous inequality and
injustice of the protecting system in such a light, that we feel the most
consoling confidence that we shall be fully justified by the impartial
judgment of posterity, whatever may be the issue of this unhappy con¬
troversy. We confiilcntly ajjpeal to our confederate states, ami to the
whole world, to decide whe'her the annals of human legislation furnish
a parallel instance of injustice and oppression perpetrated under the
forms of a free government. However it may be disguised by the coni-
ple.xity of the process by which it is effected, it is nothing less than the
monstrous outrage of taking three millions of dollars annually, from the
value of the productions of South Carolina and transferring it to the
people of other and distant compiunities. No human government can
Y
jgQ JOURNAL OF THE [Dec. 23.
vidhtfullv exercipc such a power. It violates the eternal principles oi
natural justice, and converts the governincni into a mere tnstrument of
leoislative phmder. Of all the governments on the lace ol the ct.rih,
the Federal Government has the least shadow ot a constitutional light
to exercise such a power. It was created principal y, and almost exclu¬
sively, f.r the purpose of protecting, improving and extending that very
commerce, which, for the last ten yeais, all its powers have been most
unnaturally and um ighreously perverted to cripple and destroy Ihe
power to “regulate commerce with foreign nations,” was granted obvi¬
ously for the preservation of thatcommerce. The most important oi all
the Cities which the Federal Government owes to South Carolina, un¬
der thecomiiact of Union, is the protection and defence of her loreagn
commerce, against all the enemies by whom it may be assailed. And
in what manner has this duty been discharged? All the powers of the
earth, by their commercial restrictions, and all the inrates of the ocean,
by their lawless violence, could not have done so much to destroy our
cLmerce, as has been done by that very Govcniinent, to which its
o-uardianship has been committed by the Federal Constitution. Ihe
commerce of South Carolina consists in exchanging the staple produc¬
tions of her soil for the manufactures of Europe. It is a lawful com¬
merce. It violates the rights of no class of people in any portion of the
confederacy. It is this very commerce, therefore, which the constitu¬
tion has enjoined it upon Congress to encourage, protect and defend, by
such regulations as may be necessary to accomplish that object. But
instead of that protection, which is the only tie of our allegtance, as in¬
dividual citizens, to the Federal Government, we have seen a gigantic
system of restrictions gradually reared up, and at length brought to a
fatal maturity, of which it is the avowed object and naust be the inevi¬
table result, to sweep our commerce from the great highway of nations,
and cover our land with poverty and ruin.
Even the states most deeply interested in the maintenance of the pro-
tectin'T system will admit, that it is the interest of South Carolina to
carry-on" a commerce of exchanges with foreign countries, free from
restrictions, prohibitory burthens or incumbrances of any kind, we
feel, and we know, that the vital interests of the State, are involved in
such a commerce. It would be a downright insult to our understandings,
to tell us that our interests are not injured, deeply injured, by those pro¬
hibitory duties, intended and calculated to prevent us from obtaining the
cheap manufactures of foreign countries for our staples, and to cmnpel
us to receive for them .he dear manufactures of our domestic establish¬
ments, or pay the penalty of the protecting duties for daring to exercise
one of the most sacred of our natural rights. Wliat right, then, human
or divine, have the manufacturing states—for we regard t ie federal
Government, as a mere instrument in their hands—to prohibit boiith
Carolina, directly, or indirectly, from going to her natural markets; and
exchanging the rich productions of her soil, without restriction or in¬
cumbrance, for such foreign articles as will most conduce to the wealth
and prosperity of her citizens? It will not surely be pretended—tor
truth and decency equally forbid the allegation—that in exchanging our
productions for the cheaper manufactures ol Europe, we violate any
187
Dkc. 22.] HOUSE OF REPRESENTATIVES.
right of the domestic manufucturers, however gratifying it might be to
tliem, if we would purchase their inferior productions at higher prices.
Upon what principle, then, can the State of South Carolina be called
upon to submit to a system, wliich e.xchides her from her natural mar¬
kets and the manifold benelils of that enriching commerce which a kind
and benificent Providence lias provided to connect her wi ll the familj''
of nations, by the bonds of mutual interest? But one answer can be
oiven to this question. It is in vain that we attempt to disguise the fact,
mortifying as it must be, that the princijde by which South Carolina is
thus excluded, is in strict propriety of language, and to all rational in¬
tents and purposes, a principle of colonial dependence and vassalage,
in all respects, identical with that which restrained our forefathers from
trading with any manufacturing nation of Europe, other than Great Brit¬
ain. South Carolina now bears the same relation to the manufacturing
state.s of this confederacy, that the Anglo American colonies bore to the
mother country, wi:h the single exception that our burthens are incom¬
parably more oppressive than those of our ancestors. Our lime, our
pride and the occasion, equally forbid us to trace out the degrading anal-
oiTv. We leave that to the historian who shall record the judgment
which an imparlial posterity will pronounce upon the eventful transac¬
tions of this day.
It is in vain that we attempt to console ourselves by the empty and
unreal mockery of our representation m Congress. As to all those
great and vital interests of the state, which are affected by the protect¬
ing system, it would be better that she had no representation in that
body. P serves no other purpo.se but to conceal the chains which fetter
■ our'iiberties under the vain and empty forms of a representative Gov¬
ernment. In the enactment of the protecting sy.stem, the maj Tityof
Congress, is in sirict propriety of speech, an irresponsible despotism.
A very brief analysis will render this clear to every understanding.
What then, we ask, is involved in the idea of poliucal respcnsibilily, in
the imposition of public burthens? It clearly implies that those who
impose the burthens, should be responsible to those who bear them.—
Every representative in Congress should be responsible, no; only to his
own immediate conslituenis, but through them and their common parti¬
cipation in the burthens imposed, to the constituents of ever}’ other rep¬
resentative. If in the enactment of a protecting tariff, the majority in
Congress imposed upon their own con.«:ituents the same burthens which
they impose upon the people of South Carolina, that majori'y would act
under all the restraints of political responsibility, and we should have
the best security which human wisdom has yet devised against oppres¬
sive legislation.
But the fact is precisely the reverse of this. The majority in Con¬
gress, in imposing protecting duties, which are utterly destructive of the
interests of South Carolina, not only impose no burthens, but actually
confer enriching bounties u])on Iheir constituents, i)roportioned to the
burthens they impose on us. Under these circumstances, the principle
of representative responsibility, is perverted in o a principle of absolute
despotism. It is this very tie, binding the majority of Congress to exe¬
cute the will of their constituents, which makes them our inexorable op-
i88
JOURNAL OF THE
[Uec; ' 1 ^,
pressoi's. They dare not open tlicir hearts to the sentiments of liumaa
justi'e, or to the feelings of lunuan sympathy. They are tyrants by
the ver}' necessity of their position, however elevated may be their prin¬
ciples, in dicir ih iividual capaci les.
The grave quesiion, tlien, which we have had to determine, as the
sovereign power of the State, upon the awful responsibility under which
we have acted, is, whe her we will voluiitarially surrender the glorious
inheritance, purchased and consecrated by the toils, the suflerings and
the blood of an illustrious ancestry, or transmit that inheritance to our
posterity, untaiinshed and undiiniiiished? VVe could not hesitate in de¬
ciding ihis question. We have, therefore, deliberately and unalterably
resolved, that we will no longer submit to a system of oppression, which
reduces us to the degrading condition of trioutury vassals; and which
would reduce our posterity, in a few generations, to a state of poverty
and wretchedness, that would stand in melancholy con:rast with the beau¬
tiful and delightful region, in which the Providence of God has cast our
destinies. Having formed this resolution, with a full view of its bearings,
and of all its proba.iJe and possible issues, it is due to the gravity of the
sid ject, and the solemnity of the oceasiun, that we should speak to our
conl’ederate brethren, in the plain language of franknesss and truth.—
Though we plant ourselves upon the Constitution, and the iminiitablc
principles of justice, and intend to operate e.vclusively through the civil
tribunals and civil functionaries of the State; yet, vfewill throw oO’ this
oppression, cf< cren/Aarard. Wo believe our remedy to be essentially
peaceful. We believe the Federal Government has no shadow of right
or authority, to act against a sovereign State of the Confederacy, in any
form, much less to coerce it, by inilimry power. But wc are aware of
the diversities of human opinion; and have seen too many proofs of the
infatuation of human power, not to have looked with the most anxious
concern, to the possibility' of a resort to military or naval force on the
part of hs Federal Government—and in order to obviate 'he possibility
of having the history of this contest stained by a single drop of fraternal
blood, we have solemnly' and irrevocably resolved, that we will regard
such a resort as a dissolution of the politicul ties which connect ns widi
our confederate States; and will, forthwith, provide for the organization
of a new and separate Government.
Wc implore you, and particularly the manufacturing States, not to be¬
lieve that wc have been actuated, in adopting this resolution, by any
feeling of resentment, or hostility, towards them; or by a desire to dis¬
solve the polidcal bonds, which have so long united our common des'inies.
We still cherish that rational devotion to the Union, by which this State
has been pre-eininenily di.-i inguished, in all limes past. But that blind
and idolatrous devotion, which would bow down and worship Oppression
and Tyranny, veiled under that consecrated title—if it ever existed
araung us, has now vanished forever. CoxsTiTU'rioxAL Libektv is the
oniy idol ofoiir political devotion; and, to preserve that, we will not hesitate
a single moment, to surrender the Union, itself, if the sacrifice be neces¬
sary. If it had pleased God to cover our eyes with ignorance—if He
had not bestowed upon us the understanding to comprehend the enormi¬
ty of the oppression under which we labor-r-we might submit to it,
HOUSE OF REPRESENTATIVES,
witliout absolute degradation and int'aiuy. But the gifts of Providence
cannot be neglected, or abused, with iniininity. A people, who deliher-
alcly submit to oppression, with a full knowledge that they are oppress-
ci, are fit only to bo slaves; and all history proves, (hat such a people
will soon find a master. It is die pre-o.\isting spiiit of .slavery, in the
people, that has made tyrants in all ages of tlie world. No tyrant over
made a slave—no community, however small, having the spirit of free¬
men, ever yet hud a master. The most illustrious of those States, which
iiave given to the world exainjiles of human freedom, have occupied Ter¬
ritories, not larger than some of he Districts of South Carolina; while
the largest masses of population, that were ever united under a common
government, liav e been the abjei t,spiri less and degraded slaves ofdespodc
rulers. VVe sincerely hope, therefore, that no poidon of the S ates of
this Confederacy, will permit themseh es to be deluded into any measures
of rashness, by the vain imagination, tha: S.iuth Carolina will vindicate
her rights anti liberties, wi h a less infle.\ible and unfaltering resolution,
with a population of some half a million, than she would do with a jiopu-
lalion of iwcmy millions.
I; docs not belong to Freemen to count the costs and calculate the
hazards of vindicating their rights and defending their liberties; and
even if we should stand alone in the worst possible emergency of tliis
great controversy, without the co-operation or encouragement of a single
State of the confederacy, we will march forward with unfaltering step,
until we have accomplished theVi ject of this great enterprise.
Having now presented, fur the consideration of the Federal Govern¬
ment antFolir confederate Spates, the fi.ved and final determination of this
State in reiaiion to the protecting system, it remains for us to submit a
plan of laxa ion in whith we would Lc willing to acquiesce, in a spirit
of liberal concessi .n, provided we are met in due time and in a becom¬
ing spirit by the Slates interested in the protection of manufactures.
We believe tliat upon every just and equitable principle of taxation,
the whole list of protected article.s should be imported free of all duty,
and that the revenue derived from irajtort duties, should be raised exclu¬
sively from the unprotected articles, or that whenever a duty is imposed
upon protected articles importe !, an e.xcise duty of the same rate should
be imposed upon all similar articles manufactured in the United States.
This would be as near an approach to perfect equality' as could possibly
be made, in a system of indirect taxation No substantial reason can
be given for subjecting manufactures obtained from abroad in exchange
for the productions of South Carolina to the smallest duty’, even for rev¬
enue, which would not show that similar manufactures made in the
United States, should be subject to the very same raieof duty. The
former, not less than the latter, are, to every rational inten', tiro produc¬
tions of domestic industry, and the nnxle of acquiring the one, is as
lawful and more conducive to the public prosperily, than that of ac¬
quiring the other.
But we are willing to make a large oflering to preserve the Union;
and with a distinct declaration that it is a concession on our part, we
JOURNAL OF THE
no more revenue be raised than is necessary to meet the demands of
the Government for Constitir.ional purposes, and provided also, that a
duty, substantially uniform, bo imposed upon all foreign imports.
It is obvious, that even under this arrangement, the manufacturing
States would have a decided advantage over the planting Stales. For
it is demonstrably evident, that, as communities, the inanufacturmg
States would bear no part of the burthens of Federal Taxtuion, so ikr
as the revenue .should be derived from protected articles. The earnest¬
ness with which their representatives seek to iucrctise the dunes . n
these articles, is conclusive proof that tho.se duties are Uounnes, and n ^t
burthens, to their constituents. As at least twi.-thirds of the federal rev¬
enue would bo raised from [iroteoted articles, under the proposed mmtiii-
cationofthc Tariff, the inamii'aoturing Smtes would he en.ire.y exempt¬
ed from all participation in that proportion of the public burthens.
Under these circumstance.s we cannot [lermit ourselves to bc.icve for
a moment, that in a crisis marked by such portentous and fearful omens,
those States can liesitate in acceding to this arrangemen., when they
perceive that it will be the metins, and possibly the only means of restor¬
ing the broken harmony of this great confederacy. . They most assur¬
edly have the strongest of human inducements, aside from all consi.ie-
rations of justice, to adjust tliis controversy, without pushing it to extrem¬
ities. This can be accomplished only by the proposed inodification of
the Taritf, or by the call of a general Convention of all the States. If
South Carolina should be driven out of the Union, all the other plan ing
States, and some of the Western State.=, would follow almost by an abso¬
lute necessity. Can it be believed, that Georgia, Mississippi, Tennes¬
see, and even Kentucky, would continue to pay a tribute of fifty per
cent, upon their consumption, to the Northern States, for the privilege
of being united to them, when they could receive all their supplies
through the ports of South Carolina, without paying a single cent of
tribute?
The separation of South Carolina would inevitably produce a general
dissolution of the Union; and as a necessary consequence, the protect¬
ing system, with all its pecuniary bounties to the Northern States, and its
pecuniary burthens upon the Southern States/wouldbe utterly overtlirown
and demolished, involving the ruin of tliousands and hundreds of thou¬
sands in the manufacturing States.
By these powerful considerations connected with tlielr own pecuniary
interests, we beseech them to pause and contemplate the disastrous con¬
sequences which will certainly result from an obstinate perseverance on
their part, in maintaining the protecting system. With them, it is a ques¬
tion merely of pecuniary interest, connectetl with no shadow of right,
and involving no principle of liberty. With us, it is a question involv¬
ing our most sacred rights—those very rights which our common ances¬
tors left to us as a common inheritance purchased by their common toils
and consecrated by their blood. It is a question of liberty on the one
hand, and slavery on the other. If wo submit to this system of uncon¬
stitutional oppression, we shall voluntarily sink into slavery, and trans¬
mit that ignominious inheritance to our children. We will not, we can¬
not, we dare not submit to this degradation, and our resolve is fixed and
i
I
HOUSE OF REPRESENTATIVES,
unalterable, that a protecting tariff shall be no longer enforced within
the limits of South Carolina. We stand upon the principles of everlast¬
ing justice, and no human power .shall drive us from our position.
“We have not the slightest apprehension that the general government
will attempt to force this .sy.stem upon us by military power. We have
warned our brethren of tlie consequences of such an attempt. But it,
notwi'hstanding, such a course of madness should be pursued, we here
solemnly decial-e that this system of oppression shall never prevail in
Si.uih Carolina, umil none but slaves are left to submit to it. We would
infinitely prefer lliat the Icrritory of the State should be the cemetery of
fi eemen than the habitation of slaves. Actuated by these principles,
an . animated by these sentiments, we will cling to the pillars of the tem¬
ple of our liberties, and if it must fall, we will perish amidst the ruins.
J. HAMILTON, Jr. PresH of the Convention.
{Attest) —Is.uvc W. livYifE, Clerk.
On motion of Mr. E. Smith:
Ordered., That the said message be laid upon the table, and that
the Public Printer forthwith print 3000 copies of said message
and accompanying documents, for the use of the members of this
house.
Mr. Wickliffe presented the petition of Samuel Tribble, of
Clarke county, praying a divorce from his wife, Polly Tribble.
Wliich was received, the reading dispensed with, and referred
to the committee of religion.
A message was received from the Senate announcing their con¬
currence in the amendments proposed by this house, upon concui-
riiig in those proposed by the Senate, to a bill from the house, en-
19-2
JOURNAL OF THE
An net /or the benefit of llie devisees of Richard Shanklin; and,
An act to permit the sale of two small tracts of land belonging
to Ahincy Oulin, an idiot.
I^eave was given to bring in the following bills:
On the motion of Mr Ewing—L A bill to authorise the sale of
part of a street, in the town of Russellville.
2. A bill concerning the town of Adairsville, in Logan county.
On the motion of Air Tuggle—3. A bill to establish an elec¬
tion precinct, in Whitley county, at the house of Gideon Gilhraith,
on Pleasant run.
On the motion of Air E. Smith—1. A bill to allow an addition¬
al constable to the county of VV'hitley.
On the motion of Air Alay— b. A bill to clear the obstructions
out of the Big Sandy river up to Pikesville, in Pike county.
The first, second, third and fourth, were each referred to the
committee for courts of justice; and the fifth, to a select commit¬
tee of Alessrs. Southgate, AIcAfee, B. F. Thomas and T. I. Young.
And then the house adjourned.
MOjXDAY, DECEMBER
Air. Simeon fl. Anderson, a member returned to serve in this
house, from the county of Garrard; and Air. Joseph R. Ward, a
member from the counties of Lawrence and Alorgan, severally
appeared, produced certificates of their election, and of their hav¬
ing taken .the oaths required by the constitution of the United
States and the constitution and laws of this state, and took their
seats.
1. Air. B. F. Thomas presented the petition of Benjamin F.
Orcar, representing that he stands indicted in the Clarke circuit
court, and that he cannot receive a fair and impartial trial in said
county, and praying that a law may pass to authorise a change of
venue from tlie Clarke circuit to the Bourbon circuit court.
2. Air. W. Johnson presented the petition of Sally Spillman,
praying a divorce from her husband, William Spillman.
3. Air. Innis presented the petition of Francis Connors, pray¬
ing that a law may pass divorcing him and his wdfe, Eliza Con¬
nors.
4. Air. Green presented the petition of John L. Eoff and his
wife, Amanda Eoif, praying that they may be divorced from each
other.
5. Air. AV. Johnson presented the petition of Samuel C. Scrog-
gin, praying a divorce from his wife, Alildred Scroggin.
6. Air. Alurray presented the petition of sundry citizens of the
tounty of Calloway, praying that a law may pass changing the
Dec. 31.] HOUSE OF REPRESENTATIVES.
193
place of voting in the Clark’s river precinct, in said county, from
tlic house of Thomas Hill to William Story’s, Esq. witliin the lim¬
its of said j)recinct.
7. Mr. Simpson presented the petition of Thomas Newkirk,
praying a divorce from his wife, Pamela Newkirk.
8. Mr. E. Smith presented the petition of sundry citizens of the
county of Pulaski, praying that a law may pass to add a small part
of said county, including the dwellings of tlie petitioners, to the
county of Rockcastle.
9. Mr. Abel presented the petition of sundry citizens of Wash¬
ington county, praying that a law may pass granting to said coun¬
ty an additional justice of the peace and constable.
10. Mr. Chilton presented the petition of Geo. Handley, Adin
Combs and John Seward, commissioners of the poor-house, in the
county of Hardin, proving that a law may pass to authorise them
to purchase an additional 100 acres of land adjoining the "200 acres
already purchased by the county court of Hardin, for the estab¬
lishment of a poor-house.
Which petitions were severally received, the reading dispens¬
ed with,and referred; tlie second, third, fourth, fifth and seventh,
to the committee of religion; the sixth, eighth and ninth, to the
committee of propositions and grievances; the tenth, to a select
committee of Messrs. Chilton, Hill, Harrison and Culley; and the
first to the committee for courts of justice.
Mr. Prince, from the joint committee of enrolments, reported
that the committee had examined an enrolled bill entitled, an act
to authorise the sale of certain lands of Edmund H. Taylor: and
had found the same truly enrolled.
Wliereupon the Speaker affixed his signature thereto.
Ordered, That Rfr. Prince inform the Senate thereof.
The following bills were reported from the several committees
appointed to prepare and living in the same, viz:
By Mr Ewing, from the committee for courts of justice—1. A
bill concerning the town of Adairsville.
2. A bill to authorise the sale of a street in Russellville.
By Mr H. F. Thomas—3. A bill to improve the road from Lex¬
ington to the mouih of Big Sandy, through Winchester, Mount
Steiling and Owingsville.
By Mr S. Williams—1. A bill to improve the road leading from
Monticello to the state line, in a direction to iMonroe, 'I'ennessee.
By Mr Boone—5. A bill for the benefit of Daniel M. Ket-
tinger.
By Mr Chilton—fl. A bill to authorise the county court of Har¬
din county to purchase lUO additional acres of land, for the poor-
house established in said county.
By Mr Tiiompson— 1. A bill changing the boundary lines of
the 72d Regiment of Kentucky Militia; and,
Z
1
'in -I
JOUTlNAi. OF THE
[Dec. 31.
By Ml' Gorin—8. A l)ill to regulate the compensation of the
Clerks of tlie Senate and House of llcprescutatives ol this Com¬
monwealth.
Whicli bills were severally received and read the first time, and
ordered to be read a second time.
And thereupon the rule of the house, constitutional provision,
and second reading of the first, second, third, fourth, fifth, sixth
and seventh bills having been dispensed with, the first, second,
fifth, sixth and seventh were severally ordered to be engrossed
and read a third lime; and the tliird and fourth were committed
to the committee on internal improvements.
And thereupon the rule of the iiouse, constitutional provision,
and third reading of the first, second, fifth, sixth and seventh bills
having been dispensed with, and the same being engrossed:
R'solvcd, 3’hat the said bills do pass, and that the titles thereof
bo as aforesaid.
Ordered, That the (ricrk carry the said bills to the Senate and
reejuest their concurrence.
A bill for the benefit of the liCxington and Ohio Rail Road
Company, was read the first time, and ordered to be read a sec¬
ond time.
And thereupon the rule of the house, constitutional provision,
and second reading of said bill having been dispensed with, the
same was referred to tlie committee on Internal Improvements.
Reave was given to bring in the following bills:
On the motion of Mr Gorin—1. A bill to repeal an act enti¬
tled, an act for the benefit of Henry G. Mitchell and Ezekiel
Jenkins, approved Jan. I'J, 1855.
On tlie motion of i\lr Ewing— 2. A bill to change the time of
the annual stated meeting of the General Assembly; and.
Oil the motion of Mr Scrivner—.3. A hill to improve the road
from Mount Sterling through Irvine, in F.still county, Manchester,
in Clay county, and to intersect the Wilderness state road at Flat
I.ick, in Knox county.
Messrs. Gorin, Cook and W. Thomas, were appointed a com¬
mittee to prepare and bring in the first; the committee for courts
of justice, the second; and Alessrs. Scrivner, B. F. Thomas, Tug¬
gle', and E. Smith, tlie third.
Mr. (ihiltoil moved the following resolution:
Resolved, That the message of the executive of the Common¬
wealth, transmitted to this house on the "Fid instant, together with
the accompanying documents, be referred to a select committee
to consist of-members.
Which being twice read, was laid on the table,
Mr. Henry moved the following resolution:
Resolved, That for tlie remainder of this session, this house will
meet at 9 o’clock, A. M.
;p*-;
y.-
195
Dec. 31.] HOUSE OF REPRESENTATIVES.
Which being twice read, was adopted.
Mr. S. Williams moved to obtain leave to bring in a bill to re¬
peal the law allowing pay lor slaves executed.
And the question being taken on granting leave to bring in said
bill, it was decided in tiie negative: and so the said motion was
disagreed to.
The yeas and nays being refiuired thereon by Messrs. S. Wil¬
liams and B. F. Thomas, were as tollows;
YEAS—Messrs. Bell, Boone, Bramlett, Brown, Butler, Chilton, Cope¬
land, Culley, Davis, Daniap, Ewing, Faris, Ford, Fulton, Green, W. John¬
son, Marshall, May, B. S. Morris, D. M )rris,Nuttall, lliffe, S'-riviicr, D.
T. Smith, E. Smith, Southgate, Stet enson, Thompson, J. Williams, S.
Williams, D. White, Woolley, and Yales—33.
NAYS—Messrs. Abel, A. Anderson, S. H. Anderson, Bates, Collins,
Cook, Crow, Covington, Delaney, Englishj Gorin, Harrison, Hayden,
Heady, Henry, Mill, Hughes, Innis, Jett, Kennedy, Lockhart, Lucas,
M Donald, McFall, Matson, Maxey, Montgomery, Murray, Ozborn,
Pierce, Prince, Pryor, Shanks, Short, Simpson, W. Smith, B. F. Thom¬
as, W. Thomas, Tuggle, Ward, Wicklifle, and S. Young— i2.
A bill to improve the navigation of Nolin, a branch of Green
river, was taken up for consideration.
The question then recurred of committing the said bill to the
committee on internal improvements, with the instructions mo\ed
by Mr. S. Williams, on the 8th instant, (see II. R. Journal, page
04 .)
• A division of the question was called for, and the question first
put on committing, which was decided allirmatively.
The question was then put upon adopting the instructions afore¬
said, which was decided in the siffirmative.
The yeas and nays being required thereon by Messrs. S. AVil-
liams and Chilton, were as follows, viz:
YEAS—Messrs. A. Anderson, Bates, Bell, Boone, Bramlett, Collins,
Cook, Copeland, Dunlap, Ewing, Ford, Gorin, Hayden, Jett, W. John-
.son, Lucas, Maxey, May, Murray, Nuttall, Patterson, Rilfe, Scrivner,
D. T. Siniih, E. Smith, W. Smith, Southgate, S evenson, B. F. Th unas,
W. Thomas, Thomp.son, Tuggle, Wicklifle, S. Williams, D. White, Wool-
ley, and S. Young—37.
NAY^S—Messrs. Abel, S. H. Anderson, Brown, Butler, Chilton, Cr nv,
Culley, Davis, English, Fulton, Green, Harrison, Heady, Hill, Hughes,
Innis, Kennedy, Lockhart, McFall, Marshall, Matson, Montgomery, B.
S. Morris, D. Morris, Ozborn, Pierce, Prince, Pryor, Shanks, Short,
Simpson, Ward, J. Williams, and Yates—34.
The amendments proposed by the Senate to bills wliich origin-
10(3 JOURNAL OF THE [Dec. :il
ated in this house, of the following titles, were twice read and
concurred in:
An act to authorise Edw'ard Turner to erect a mill-dam and
mill on the middle fork of Kentucky river, in Clay county; and.
An act to establish an election precinct in Barren county.
Ordered, That the Clerk inform the Senate thereof.
The following bills were severally read a third time: and an
engrossed clause*added to the second, by way of ryder, viz:
1. An act to incorporate the Franklin Insurance Company. ^
2. An act to amend the law of evidence in prosecutions for lor-
gery.
.3. An act to provide for the collection of fines and forfeitures
recoverable under the by-laws ol the towns of Russellville, Glas¬
gow and Bowlinggreen.
Resolved, That the said bills do pass, and that the titles thereol
be as aforesaid.
Ordered, That the Clei-k carry the said bills to the Senate, and
request their concurrence.
The follow^ing bills w^ere severally read a second time, and or¬
dered to be engrossed and read a-third time, viz:
1. A bill to authorise the county court of Scott to increase the
allow^ance to the patrole of said county.
2. A bill to incorporate a company to establish a turnpike road
from the City of Louisville by the mouth of Salt river, Elizabeth-
tovvn, Munfordsville and Bowhngreen to the state line, in a direc¬
tion to Nashville.
And thereupon the rule of the house, constitutional provision,
and third reading of the first bill having been dispensed with, and
the same being engrossed:
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
Ordered, That the Clerk carry the said bill to the Senate and
request their concurrence.
A bill from the Senate entitled, an act for the benefit of the
flead-right and Tellico settlers, w'as read the first time, and or¬
dered to be read a second time.
And thereupon the rule of the house, constitutional provision,
and second and third readings of said bill having been dispensed
with:
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
Ordered, That the Clerk inform the Senate thereof.
And then the house adjourned.
Mr. Prince, from the joint committee of enrolments, I'cjjorted
that the committee had examined enrolled bills of the followin':
titles, and had found the same trulj enrolled, viz:
An act to change the place of voting in an election precinct in
Montgomery county from llobert Gay’s to John L. Martin’s, and
for other purposes.
An act to legalize the proceedings of the Christian and Barren
county courts, in appointing commissioners of tax, and lor other
purposes.
An act to change the constable’s district in the first Battalion.
88th Regiment of Kentucky Militia, and to change a constable’s
district in the county of Estill.
An act for the benefit of Henry Waddle.
An act for the benefit of the Boone Acadcni)'.
An act for the benefit of Allen Taylor.
An act for the benefit of George (.'oleinan, and others.
An act for the benefit of Gabriel Gaines’ heirs.
An act to change the time of holding the Spencer circuit and
county courts, and the county courts of Shelby.
An act to amend the laws concerning the Lunatic Asylum, and
for other purposes.
An act to allow the Independent Banks of this Commonwealth
further time to settle their concerns.
An act to regulate election precincts in certain counties.
An act increasing the jurisdiction of the trustees of tlie town of
Franklin, in Simpson county.
An act in relation to the towns of Cynthiana and liawrcnce-
hurg.
An act authorising the county courts of Bath, Fleming, and
Franklin, to permit gates to bo erected across certain public roads.
AVhereupon, the Speaker affixed his signature thereto.
Ordered, That Mr. Prince inform the Senate thereof.
1. The Speaker pesented the petition of the county court of
Fayette, representing that all lines for riots, routs, and breaches of
the peace, assessed before the City authorities of f^exington are
applied for the benefit of the City of Lexington, and praying that
a law may pass to authorise such fines to be applied to the use of
the county of Fayette, in lessening the county levy.
2. Mr. B. F. Thomas presented the petition of Ann Jones, pray¬
ing a divorce from her husband, John Jones.
3. Mr. Gaines presented the petition of sundry citizens of Boone
county, praying that a law may pass to impose a lax upon dogs.
4. Mr. Hayden presented the petition of Maria Tyler, praying
a divorce from her husband, AVilliam Tyler.
HOUSE OF REPRESENTATIVES.
Jan. l.J
TUESDAY, JANUARY 1, 1833.
198
JOURNAL OF THE
[Jan. 1.
f). Mr. FiiigJisli presented the petition ol Thomas Spillman,
Shcriir of Gallatin county, praying that a law may pass giving
him further time, until the next court of assessment, to be holden
lor the 51st Regiment of Kentucky Militia, to return his delin>
ejuent list.
6. iMr. Sanders presented the petition of sundry citizens of the
town of Washington, in the county of lUillitt, praying that a law
may pass for the better regulation of said town.
7. Mr. May presented tire petition of Henry Middleton, i-epre-
senting that he has cxjrended a considerable sum of money in the
pursuit of George Robinson and Pleasant Hackworth, wlio were
chai'ged with horse stealing and have been sent to the Penitentia¬
ry for that offence, and prajing the passage of a law to remuner¬
ate him for his trouble and expenditures.
8. Mr. Faris presented the remonstrance of sundry citizens of
the county of Pulaski, r emonstrating against the passage of a law
to add any portion of said county to the county of Rockcastle.
9. Mr. E. Smith presented the petition of sundry citizens of the
county of Rockcastle,, praying that an additional justice of the
peace may be allowed that county.
10. Mr. B. F. Thomas presented the petition of Stephen Mar¬
cum, praying a divorce from his wife, Elizabeth Marcum.
11. Mr. Sanders presented the petition of Henry Crist, repre¬
senting that ho is the owmer of twm entries on certain tracts of
land lying in Bullitt county, one that has been regularly surveyed
and returned to the Surveyor’s office, but owing to some mistake
it has never been returned to the Register’s office and lias not
been patented, the other has not been surveyed or registered:
praying that a larv may pass to authorise him to survey, register,
and patent said claims.
12. jMr. JMay presented the petition of sundry citizens of tlie
county of Pike, praying the passage of a law to permit Elias Baz-
bee to build a mill-dam and mill on the Louisa l ork of Big San¬
dy, above the towm of Pikeville.
Which petitions w'ere severally received, the reading dispensed
with, and referred; the first, ninth and eleventh, to the commit¬
tee for courts of justice; the third, fifth, seventh and eighth, to the
committee of propositions and grievances; the second, fourth and
tenth, to the committee of religion; the sixth, to a select commit¬
tee of Messrs. Heady, Young, Cliilton, Harrison and English ; and
the twelfth, to a select committee of Messrs. May, T. 1. Young
and Sanders.
On motion—
Ordered, That the Governor’s message with the accompanying
documents, communicated on the ‘i2d ult., be referred to a select
committee of Messrs. Marshall, McAfee, Chilton, A. Anderson-
199
Jan. ].] HOUSE OP REPRESENTATIVES.
IJrown, W. Johnson, D. White, Southgate, Henry, E. Smith,
Woolley, Butler and Green.
A message was received from the Senate announcing their dis¬
agreement to bills which originated in this house of the following
titles:
An act for the henelit of Lourisey Clifford.
An act tor the henelit of Tahitha 1). Price.
An act for the benefit of Joanna Milner; and.
An act for the benefit of Rebecca Hill.
I'he passage of bills which originated in this house, of the fol¬
lowing titles;
An act to cliange.the place of voting in the Caney precinct, in
the county of Ohio.
An act for the benefit of Dorcas Worley.
And the passage of a bill, which originated in the Senate, en¬
titled, an act to add a part of the county of Oldham to the coun¬
ty of Shelby.
I Mr. Ewing, from the committee for courts of justice, reported
I a bill to change the time of the meeting of the legislature: which
. was received and read the first time, and ordered to be read a se¬
cond time.
And thereupon the rule of the house, constitutional provision,
and second reading of said bill having been dispensed with:
Mr. Kennedy then moved to lay the said bill on the table until
the first day of June next.
And the rpiestion being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon, by Messrs. Ewing
[ and Davis, were as follows:
YEAS—Mr. Speaker, Messrs. A. Anderson, Bowling, Bramlett,
Brown, Chilton, Cliiirchill, Collins, English, Ford, Fulton, Gaines, Har¬
ris, Hayden, Henry, Hill, Jett, W. Johnson, Kennedy, Lockhart, Jle-
Afee, Marshall, Maxey, Meriwether, Montgomery, Pendleton, Pryor,
Sanders, Scrivner, Simpson, E. Smith, Southgate, Stevenson, B. F.
Thomas, Thruston, Ward, Wickiiflb, D. White, Woolley, Yates, S. Young,
and T. 1. Young—12.
NAYS—Messrs. Abel, S. H. Anderson, Bates, Bell, Cook, Copeland,
^ Crow, Culley, Davis, Delaney, Dunlap, Ewing, Paris, Gorin, Green,
Harrison, Heady, Hughes, Innis, .lennings, G. W. Johnston, Lucas, Mc¬
Donald, McFall, Malson, May,Megowan, Morgan, B. S. Morris, D. Mor¬
ris, Murray, Ozborn, Nuttall, Patterson, Prince, Riffc, Shanks, Short, D.
T. Smith, W. Smith, W. Thomas, Thonqison, Tuggle, J. Williams, S.
Williams, and J. White—10.
I An amendment having been moved to said bill and negatived:
JOURNAl. OF THE
Blr. Davis then again moved to lay the said hill on the table
until the first day of June next. t -i
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon, by Messrs. Davis
and Ewing, were as follows, viz:
yeas _Mr. Speaker, Messrs. A. Anderson, Bowling, Bramlett, Chil¬
ton, Churchili, Collins, English, Fulton, Gaines, Harris, Hayden, Hen¬
ry, Hill, \V. Johnson, Kennedy, Lockhart, McAfee, Marshall, Maxey,
iMeriwethe:', M n'goinery, Pendleton, Pierce, Pryor, Sanders, Serivner.
Siniiison, E. Smith, Southgate, Stevenson, B. F. Thomas, Thruston, Ward,
tVicklitfe, D. White, Woolley, Yarns, S. Young, and T. I. Young—40.
NAYS—Alessrs. Abel, S. H. Anderson, Bates, Bell, Boone, Brown,
Cook, Copeland, Crow, Culley, Davis, Dciancy, Dnnla|), Ewing, Faris,
TP,.!..! rti-ii'in firRp.ii. Harrison. Ileadv. Huiihes, Inni.s, Jennings, Jett,
Elkton.
On the motion of Mr Riilc—.'i. A hill to change the stale road
leading through the land of IMatlhew Slaughter, in the county of
Case',.
(Jn the motion of Mr S. Williams—G. A bill to authorise clerks
L] HOUSE OF REPRESENTATIVES,
to collect their fee-bills, in certain cases, sooner than the time now
fixed bj law.
On the motion of Mr Harrison—7. A bill for the benefit of St.
Joseph’s College, at Karclstown.
On the motion of Mr Morgan—8. A bill to appoint an addi¬
tional constable in the county of Fleming.
On the motion of Mr Lucas—9. A bill to amend and explain
‘ the several acts concerning riots, routs, unlawful assemblies, and
breaches of the peace; and.
On the Motion of Mr G. W. Johnston—10. A bill further to
regulate the town of Simpsonville.
The committee for courts of justice were directed to prepare
and bring in the first and sixth bills; Messrs. McAfee, Green and
Bowling, the second; Messrs. Hayden, English, and Harris, the
third; Messrs. Boone, B. F. Thomas and Davis, the fourth; Messrs.
Riffe, S. Vf'illiams and Faris, the fifth; Messrs. Harrison, S. Young
and Chilton, the seventh; Messrs. Morgan, Megowan and Davis,
the eighth; Messrs. Lucas,Cook and Gorin, the ninth; Messrs. G.
W. Johnston, Butler and Pryor, the tenth.
Mr. W. Johnson moved a resolution, which M'as amended to
read as follows;
Resolved, That the Sergeant at Arms of the House of Repre¬
sentatives be directed to procure, for the use of this hall, twenty
additional writing tables, of half the length of those now in use,
as soon as practicable.
Mr. Davis then moved to lay the said resolution ftn the table
until the first day of June next.
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon, by Messrs. Davis
and 'W. Johnson, were as lollows:
YEAS—Messrs. Abel, S. II. Anderson, Brown, Collins, Cook, Davis,
English, Ford, .Gorin, Harris Hughes, Innis, Kennedy, Lucas, Mi t-on,
Maxey, Megow'an, Meriwether, Morgan, Rifle, S. rivnei', Short, VV.
Smith, W. Thomas, Wickliff'e, S. Williams, J. White, Yates, and T. I.
Young—29.
NAYS—Mes.srs. A. Anderson, Bates, Bell, Boone, Bowling, Chilton,
Churchill, Copeland, Crow, Culley, Delaney, Dunla;), Ewing, Faris,
Fulton, Gaines, Green, Harrison, Hayden, Heady, Henry, Hill, Jen¬
nings, Jett, G. W. Johnston, W. Johnson, Lockhart, McAfee, McDonald,
McFall, Marshall, May, Montgomery, B. S. Morris, D. Morris, Murray,
Ozborn, Nuttall, Patterson, Pendleton, Pierce, Prince, Pryor, Sanders,
Shanks, Simpson, D. T.-Smith, E. Smith, Southgate, B. F. Thomas, Tug¬
gle, Ward, D. White, Woolley, and S. Young—55.
The said resolution was then adopted.
202
JOURNAL OF THE
\
s
\
[Jan. L
I’lie following bills were reported from the several committees
appointed to prepare and bring in the same, viz:
ily Air Gorin—1. A bill to repeal an act entitled, an act for the
benelit of Henry G. Mitchell and Ezekiel Jenkins, approved Jan.
12, 1825; and,
By Air. Southgate—2. A bill to authorise the trustees of the
Newport Seminary to sell their donation lands, and for other pur¬
poses.
AVhich bills were severally received, and read the first time,
and ordered to be read a second time.
And thereupon the rule of the house, constitutional provision,
and second and third readings of the second bill having been dis¬
pensed with, and the same being engrossed:
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
Ordered, That the Clerk carr}- the said bill to the Senate and
request their concurrence.
A hill to incre.ase the pay and regulate the mileage of mem¬
bers of the legislature: was read the first time as follows, viz:
Be it enacted by the General Assembly of the Commomuealth of
Kentucky, That from and after the tenth day of October, 1833,
each member of the General Assembly shall, in lieu of his pres¬
ent compensation, be entitled to, and receive the sum of three dol¬
lars per day, together with ten cents per mile, for every mile he
may necessarily travel, in going to and returning from the seat of
government, and ferriages. *
Air. Chilton then moved to lay the said bill on the table until
the first day of June next.
And the question being taken thereon, it was decided in the
affirmative.
The yeas and nays being required thereon, by Alessrs. Chilton
and Delaney, were as follows:
YEAS—Mr. Speakek, Alessrs. Abel, S. II. Anderson, Bates, Bell,
B iwling, Brainletl, Brown, Cliiiton, CliiircbjH, Collins, Cook, Copeland,
Crow, Culley, Davis, Dunlap, English, Ewing, Faris, Ford, Fulton, Go¬
rin, Green, Harrison, Hayden, Heady, Hill, H'lghes, Innis, G. W. John¬
ston, W. Johnson, Kenned)'^, Lucas, AI Afee, AI Donald, Marshall, Mat-
son, Ma.vey, Megowan, Meriwethei , AI n'gomcry, Morgan, D. Morris,
Ozhorn, Patterson Pendleton, Pierce, Pryor, Rifle, Sanders, Scrivner,
Shanks, Short, Siinp.^-on, D. T. Smith, E. Smith, Stevenson, B. F. Thomas,
W. Thomas, Ward, Wickiiffe, J. Williams, S. Williams, D. White, J.
AVhite, S. Young, and T. 1. Yoiin.',—08.
NAYS—Messrs. Boone, Debiney, Gaines, Harris, Henry, Jennings,
Jett, Liw'khart, AI Fall. Ma\, B. S. Morris, AI u-ray, Nuttall, Prince, W.
Smith, Southgate, Tuggle, Woolley, and Yate.s—19.
203
'\" ■■
:Tan. 1.] ' HOUSE OF REPRESENTATIVES.
A message from the Governor, by Mr. Sanders, Secretary of
State.
Air. Speaker :—The Governor did, on the 20th ultimo, approve
and sign an enrolled bill, which originated in this house, of the
fallowing title:
An act for the benefit of I.ouisa Meiiwether.
And on the 22d thereof, eni'olled bills originating in the same,
of the following titles:
An act for the benefit of James Parish.
An act for the benefit of Dicey Fletcher.
An act for the benefit of John Cook.
An act to authorise tlie sale of a part of the real estate of Ev-
erard Clark, deceased, to pay his debts.
An act for the benefit of Mary Goodwin.
An act for the benefit of the Sheriff of Scott county, and for
other purposes.
An act to regulate the fines and forfeitures of Russell county.
An act to amend an act requiring tavern-keepers, pedlars, and
the owners of covering horses and jacks, to pay taxes in advance
and obtain license, approved Dec. 22, 1831.
An act authorising the county courts of Jessamine and other
counties, to appoint, in their respective counties, additional con¬
stables and justices of the peace.
And on the 31st of the same:
•An act to authorise the sale of certain lands of Edmund 11.
Taylor.
And then he withdrew.
Ordered., That Mr. Prince inform the Senate thereof.
Mr. Brown read and laid on the table the following joint reso¬
lution:
Resolved, hy the General Assembly of the Commonwealth of Keii-
tucky, That they will, by a joint vote, on the-day of-,
proceed to electa Puldic Printer, Treasurer, President of the
Bank of Kentucky, and President and Directors of the Bank of
the Commonwealth.
Mr. S. Williams read and laid on the table the following joint
resolution:
Resolved, by the Senate and House of Representatives, That when
they adjourn an Saturday, the 19th instant, they will adjourn sine
die.
The house resumed the consideration of a bill to prevent the
importation of slaves. An amendment having been moved there¬
to, by way of substitute for the l)ill, and some discusion thereon:
It was moved and seconded, at 40 minutes after one o’clock, P.
M., that the house do now adjourn.
And the question being taken thereon, it was decided in the af¬
firmative.
•204 JOURNAL OF THE [Jan. 2.
Tiie yeas and nays being required thereon, by Mesrs. Ewing
and 14. White, were as follows:
YEAS—Mr. Speaker, Messrs. Abel, A. Anderson, Bell, Boone, Bow¬
ling, Bramlett, Brown, Churchiil, Cook, Crow, Dunlap, English, Ford,
Fulton, Gaines, Gorin, Harrison, Hayden, Heady, Henry, Hill, linghei,
Inuis, Jett, W. Johnson, Lockhart, McDonald, McFall, Marshall, Matson,'
Murray, Ozborn, Nuttall, Patterson, Pendleton, Pryor, Sanders, Short,
W. Smith, Southgate, Stevenson, B. F. Thomas, Thompson, Thniston,
Ward, Wickliffe, J. Williams, D. White, Woolley, Yates, and S. Young
—52.
NAYS—Messrs. S. H. Anderson, Bates, Chilton, Collins, Copeland,
Culley, Davis, Delaney, Ewing, Green, Jennings, G. W. Johnston, Ken¬
nedy, Lucas, McAfee, Maxey, May, Megowan, Meriwether, Morgan,
B. S. Morris, D. Morris, Rifle, Scrivner, Shanks, Simp.son, D. T. Smith,
E. Smith, VV. Thomas, S. Williams, J. White and T. I. Young—32.
WED.YESDAY, JANUARY 2, 1833.
A message was received from the Senate announcing the pas¬
sage of bills of the following titles:
An act to amend the several acts against unlawful gaming. •
An act to authorise the Clarke circuit court to decree the sale
of two and an half acres of land, devised to Wm. S. Downy and
. others;
And of a resolution to appoint a joint committee to e.xamine
and report the condition of the government house.
And that the Senate had received otlicial information that the
Governor did, on the 2‘2d ultimo, approve and sign enrolled bills,
which originated in the Senate, of tlie following titles:
An act to change the time of holding the Lev/is and Greenup
circuit courts, and for other pin-poses; and,
An act continuing in force the law providing for the appoint¬
ment of Commonwealth’s Attorneys.
1. jMr. D. White presented the petition of John Brown, pray¬
ing the passage of a law to authorise the sale of a small tract of
land lying in Franklin county, the property of his brother,, Wil¬
liam Brown, a confirmed •lunatic, for the maintenance of said Wil¬
liam Brown.
- *2. Mr. D. White also presented the petition of John Shields,
representing that he has obtained from this state a patent for sev¬
enty-three acres of land lying in I’ranklin county, and that he is
in the occupancy of it, and tliat the state has acquired tille to the
same by escheat, from one John Venus, and praying that a law
205
Jan. 2.] HOUSE OF REPRESENTATIVES.
may pass to grant or release to liim whatever title the'state may
have in and to the same.
3. Mr. Murray presented the petition of sundry citizens ol Cal¬
loway county, representing that Orson Flowers, of said county, is
old and worn dow.n with bodily infirmities; that he has a wife who
is also old and much aliiicted, and that they are poor, worthy and
without the means of subsistence; praying the passage of an act
'^'ranting to said Flowers the South-East quarter of section twenty-
one, township one, range three East, in the district of country
West of the Tennessee river, which is represented as poor, of lit¬
tle value, and unappropriated.
4. Mr! Abel presented the petition of sundry citizens of the
town of New-Market, in the county of Washington, praying the
passage of a law for the better regulation of said town.
5. iMr. Ward presented the petition of Savilla Nickcll, wjdow
of John Nickell, and of John Nickell, guardian for the infant
children of said Nickell, deceased, representing that the said John
died possessed of about five hundred acres of land lying in IMor-
gan .count}', and a small personal estate, insufficient to pay the
debts of said deceased; praying the passage of a law to authorise
the sale of so much of said land as will be sufficient to pay the
debts of said John Nickell.
6. Mr. B. F. Thomas presented the petition of William Bow-
an, praying a divorce from his wife, Ellen Bowan.
7. Mr. McAfee presented the petition of Leonard Jones and
Henry Banta, '■^subjects of eternal lifef representing that they have
lately discovered the great art of giving perpetual existence to
their bodies, souls, and spirits, on this globe: praying the j)assage
of a law granting them some of the unappropriated lands W'^est
of the Tennessee river, near the mouth of the Ohio.
8. Mr. Thompson presented the petition of sundry citizens of
Caldwell county, praying that a law may pass to adcl a portion of
said county to the county of Trigg.
9. Mr. Ward presented the petition of Goo. W. Tackett, rep¬
resenting that he stands indicted in the Morgan circuit court up¬
on the charge of counterfeiting money; that he greatly fears that
justice cannot be done him in said court: praying that a law may
pass granting him a change of venue.
10. Mr. Ward presented the petition of Benjamin Clemens,
praying a divorce from his wife, Polly (.'lemens.
11. Mr. Hauser presented tlie petition of sundry citizens of the
county of Pendleton, praying that a law may pass compelling
plaintiffs in certain actions to give security for costs before bring¬
ing suit.
Which petitions were severally received, the reading dispensed
with, (the seventh excepted,) and referred; the first, second, fifth,
ninth and eleventh, to the committee for courts of justice; the
JOURNAL OF THE
third and eighth, to the committee of propositions and grievances;
the sixtii and tenth, to the committee of religion; the fourth,,to a
select committee of Messrs. Abel, McDonald and Ozhorn; and the
seventh was laid upon the table.
Mr. McAfee, from the committee of propositions and grievan¬
ces, made the following report:
The committee of propositions and grievances have had under
their consideration the petition of sundry citizens of Daviess coun¬
ty, praying for a change in the place of voting in Gore’s |)recinct
of said county, and a remonstrance against the same; and are of
opinion that the same be rejected.
Also, the petition of sundry citizens of Boone county, praying
that a tax may be levied on the dogs of this Commonwealth; and
are of opinion that the samejs unreasonable.
Also, the petition of sundry citizens of Calloway county, pray¬
ing a change of the place of voting in a precinct of said county;
and are of opinion that the same be rejected.
Which being twice read, was concurred in.
Mr. Kennedy, from the committee of privileges and elections,
made the following report:
The committee of privileges and elections have, according to
order, had under consideration the returns of all the memi)ers re¬
turned to serve in this house during the present session, and here¬
by report:
Tlrat the following gentlemen gre returned as duly elected to
serve as members of the House of Representatives, in'this Gener¬
al Assembly, to-wit;
From the county of Adair, Francis Montgomery; from the coun¬
ty of Allen, AValter Thomas; from the county of Andei'son, Da¬
vid White; from the county of Bourbon, Jesse Kennedy and Rob¬
ert Matson; from the county of Bracken, Buckner S. l^^orris; from
the county of Bullitt, Nathaniel P.- Sanders; from the county of
Bath, Thomas I. Young; from the county of Barren, Franklin Go¬
rin and William B. (iook; fiom the counties of Breckenridge and
Hcincock, Jefferson Jennings; from the county of Boone, John P.
Gaines; from the counties of Butler and Edmonson, Richard S.
Ford; from the county of Campbell, William W. Southgate and
Horatio T. Harris; from the county of Caldwell, Enoch Prince;
from the county of Cumberland, Ambrose Bramlett; from the
county of Christian, Gustavus A. Henry and John Pendleton; from
the county of Clarke, James Simpson and Robert Wicklilfe; from
the counties of Clay and Harlan, John Bates; from the counties of
Calloway and McCracken, John L. Murray; from the county of
Casey, George C. Rilfe; from the county of Daviess, Richard
Lockhart; from the counties of Fstill and Perry, Joseph Scrivner;
from the county of Fleming, Daniel S. Morgan and Abraham Me-
gowan; from the county of Franklin, John J. Crittendcji; from
•207
Jan. 2.] HOUSE OF REPRESENTATIVES.
tlie county of Fayette; Aaron K. Woolley, Henry E. Innis, and
John R. Dunlap; from the counties of ! loyd and Pike, Samuel
May; from the county of Garrard, Simeon H. Anderson; from the
county of Green, James Allen .and Alfred Anderson; from the
county of Greenup, Samuel Seaton; from the county of Gallatin,
Samuel S. English; from the counties of Graves and Hickman,
Samuel P. McJ<'all; from the counties of Grant and Pendleton,
Samuel T. Hauser; from the county of Grayson, Thomas M.
Aates; from the county of Harrison, John Williams and Joseph
Patterson; from the counties of Hardin and Meade, Thomas Chil¬
ton, John Y. Hill, and John S. Cully; from the the county of Hart,
Benjamin Copeland; from the county of Hopkins, Francis Jett;
fiom the county of Henderson, James Bell; from the county of
Henry, William Smith and Elijah F. Nuttall; from the county of
Jefferson, Henry Churchill and David Meriwether; fiom the City
of Louisville, Charles M. Thruston and James Rudd; from the
county of Jessamine, George W. Brown; from (he counties of
Knox and Whitley, Henry Tuggle; from the counties of Law¬
rence and Morgan, Joseph R. Ward; from the county' of Lincoln,
John Green and David Shanks; from the county of Lewis, Chaun-
cey B. Shepherd; from the county of Logan, Ephraim M. Ewing
and David T. Smith; from the counties of Laurel and Rockcas¬
tle, Elisha Smith; from the county of Livingston, Joseph Hughes;
from the county' of Madison, John White and Joseph Collins; from
the county of Mason, Richard H. Fee, Thomas J. Pickett, and
David Morris; from the county of Monroe, Radford Maxey; from
the county of Mercer, Robert B. Me.* fee and Dred Bowling; from
the county of Montgomery, Benjamin F. Thomas and Josiah Da¬
vis; from the county of Muhlenhurg, David Short; from the coun¬
ty of Nelson, Burr Harrison and Stanley Young;- from the coun¬
ty of Nicholas, Samuel Fulton; from the county of Dldham, Jack
Pryor; from the county of Ohio, Elijah Crow; from the county
of Owen, Benjamin Hayden; fn.m the county of Pulaski, Ephraim
C. Paris; from the county of Shelby, George W. Johnston and
Percival Butler; from the cour ty of Russell, Jeremiah S. Pierce;
from the county of Scott, Job Stevenson and William Johnson;
from the county of Simpson, James Davidson; from tlie county of
Spencer, Stilwell Heady; from the county of Trigg, James E.
Thompson; from the county of Todd, Squire H. Boone; from the
county of Union, Joseph R. Delaney; from the county of War¬
ren, Robert W. f.ucas and F.uclid M. Covington; from the coun¬
ty of AVashington, Jesse /.hel. James McDonald, and William
Uzborn; from the county of AVayne.Slierrod Mhllams; and from
the county of AVoodford, Thomas F. Marshall.
AVhich was concurred in.
Mr. lowing, from the committee for courts of justice, made the
following report:
.>03 JOlfRNAL OF THE [Jan. 2.
The committee for courts of justice have, according to order,
iind under consideration the petition of Daniel Bradford, m be-
Jialf of the county court of Fayette, praying that the lines recov¬
ered in said county shall be diverted from the Transylvania Uni¬
versity, and applied to the payment of the county levy: and lia-ve
come to the following resolution thereon:
Resolved, That said petition be rejected.
Which being twice read, was concurred in.
Mr. Ewing, from the same committee, to whom was referred a
bill concerning the county of Meade: reported the same with an
amendment; whicli being twice read, was concurred in. And tlie
said bill, as amended, ordered to be engrossed and read a thud
time.
Ordered, that the committee for courts of justice be discharged
from preparing and bringing in a bill to autliorise S. J- Hawk.ns
to convey title, by deed, to John Eoc bridge, John Caldwell, Charles
Glover, and James Anderson, of Montgomery county, for certain
lands sold by John Hawkins to said individuals: and that the same
be referred to a select committee of Messrs. Henry, B. 1'. ihom-
as, and Boone. .
The following bills were reported from the several committees
appointed to prepare and bring in the same, viz:
By Mr McAfee, from the committee of propositions and g'^ev-
pjix’es_1, A liill for the benefit of Thomas Spillman, Shenli ol
Gallatin county.
2. A bill to allow an additional justice of the peace and con¬
stable to the county of Washington. o a i -ii r
By Mr Stevenson, from the committee of religion—.i, A lull loi
the benefit of Sally Spillman.
4. A bill for tbe benefit of Maria Tyler.
.fi. A bill for the benefit of Stephen Marcum.
By Mr Abel—0. A bill to turnpike Muldrow’s hill, on tiie main
road from Lexington to Nashville, and for other purjioses.
By Mr Morgan—7. A bill to appoint an additional constable
in the county of Fleming. x.
By Mr Riffe—8. A bill to change the road leading through
the lands of Matthew 'Slaughter, in the county of Casey.
By Mr Boone—9. A hill to extend the limits of the town ol
Elkton. in the county of Todd.
By Mr May—10. A hill to authorise Elias Bazell to build a mill
on the T.ouisii Fork of Big Sandy river. , . • a
Which bills were severally received and read the first time, and
ordered to be read a second time. , .
And thereupon the rule of the house, constitutional provision,
and second reading of the first, third, fourth, fifth, sixth, eigh i,
K'jllc Iva-iriT^or (lisiiensed with, the first was
200
Jan. 2.] HOUSE OF REPRESENTATIVES.
committed to a select committee of Messrs. Mc Afee, English, Crow
and T. I. Young; the third, fourth, lifth, eighth and ninth, were
ordered to be engrossed and read a third time; and the sixth and
tenth were committed to the committee on inteinal impiovemcnts.
And thereupon the rule of the house, constitutioiidl piovision,
■and third reading of the third, fourth, lifth, eighth and ninth bills
having been dispensed with, and the same being engiossed.
Resolved, That the said bills do pass, and that the titles thereof
be as aforesaid. ., , ^ j
Ordered, That the clerk carry the said bills to the Senate and
request their concurrence.
Mr. Cliilton, from the committee on internal improvements, to
whom was referred a bill to improve the road leading liom Mon-
ticello to the state line, in a direction to jMonroe, Tennessee: re¬
ported the same without amendment. . • j •
Ordered, That the said bill be engrossed and read a third time
to-morrow. , -ii , ^ n
The house resumed the consideration of a bill to prevent tlie
importation of slaves: which was again read as follows, viz:
Sec. 1. Be it enacted by the General Assembly of the Common'^
wealth of Kentucky, That from and after the first day of June next,
none shall be slaves within this Commonwealth, except such as
shall be slaves within the same on that day, and the descendants
of the females of them, and such slaves as may be thereafter law¬
fully imported into this state, and the descendants of the females
of them.
Sec. 2. Be it further enacted. That so much ot every law as
permits the importation of slaves into this Commons eallh, othei-
wisc than is hereinafter provided, shall be, and the same is heie-
by limited to the said first day of June next—and after that time
the same shall stand repealed -and it shall not thereafter be law¬
ful for any person or persons to import any slave or slaves into
this state, except emigrants to the state, bringing their slaves with
them, tor their own use, and not as merchandise; and citizens of
this slate claiming slaves in another state, by devise, descent or mar-
ria're, and bringing them to this stale, for their own use, and not
as merchandise: Provided, however. That this act shall not be con¬
strued to prohibit citizens of other states visiting this state or
journeying or travelling through it to any other state or teriitoiy
with their slaves, without attempting to sell or hire any such slave,
or in any other manner, not resulting from unavoidable necessity,
to leave such slave in this state: nor shall this act be construed to
prohibit citizens of this state from reclaiming any slaves or the
descendants of the females of them, which having been once law¬
fully held by them in slavery within this Commonwealth, may
now or hereafter be absent from the same, whether such absence
B2
210 JOURNAL OF THE [Jan. 2.
be by escape of such slave, or the voluntary act of tlie owner,
otherwise than by the sale or transfer of property in such skive;
but in all such cases, the owner of such aliscnt slave, his heirs,
executors, or administators, may lawfully bring such slave or
slaves again to this state, and continue such in slavery within the
same.
Sec. 3. Be it further enacted, That all suits for freedom brought
by persons who may be imported into this Commonwealth contra¬
ry to law, and illegally held in slavery within the same, shall be
brought, in the case of a person of full age, within three years
next after the accrual of the cause of action, and not afterwads;
and in case of an infant, within three years next succeeding the
time when such infant shall arrive at full age, and not afterwards;
Provided, that nothing herein contained shall be held to imply a
power in the General Assembly to emancipate any person, or the
descendants of the females of them, who may be legally held in
slavery within this Commonwealth under the then existing laws
and the constitution, except by the consent of their owners, or by
first paying to their owners their value in money.
Mr. Ewing then moved the following, as a substitute for said
bill after the enacting clause, viz:
That so much of the act, passed Febraary the 8th, 1815, in
force from the first day of May thereafter, to permit the impor¬
tation of slaves to this Commonwealth, as allows a resident of this
state to bring a slave or slaves to this state from any other state or
territory, for his, her or their own service, not having acquired ti^le
to the same, by marriage, descent, or devise, is hereby repealed;
and hereafter, such person importing a slave to this state shall be
subject to the pains and penalties, as other persons importing a
slave or slaves to this state, contrary to the provisions of said act,
and a person buying a slave or slaves from such person importing
the same, shall be subject to the like pains and penalties as those
who buy, in contravention of the provisions of said act.
Sec. 2. Be it further enacted, That it shall be the duty of the
Attorneys fjr the Commonwealth, now in commission, at their first
court after the passage of this act, to take a solemn oath that they
will faithfully prosecute all offenders against said act, that may
come to their knowledge, or of which they may be informed; and
all Attorneys for the Commonwealth, who shall hereafter be com¬
missioned, shall, at the time when they take the oath of office,
take the like solemn oath; and in all cases of conviction the At¬
torney for the Commonwealth shall be entitled to an attorney’s fee,
of thirty dollars, out of the amount collected on said conviction^
and the balance shall be paid into the public treasur}', and set
apart as a fund, under the direction of the Governor, and such
other as the legislature may appoint, for colonizing free persons
of color on the coast of Africa.
211
Jan. 2.] HOUSE OF REPRESENTATIVES.
And the question being taken on adopting the same, in lieu of
the original bill, it was decided in tl)c negative.
The yeas and nays being required thereon by Messrs. Ewing
and Green, were as follows, viz:
YEAS—Messrs. Abel, A. Anderson, Boone, Bowling, Copeland, Crow,
Davis, Dunlap, English, Ewing, Ilarrison, Heady, Hughes, Innis, Jen¬
nings, W, Johnson, Lockhart, McFal), Ozborn, Patterson, Pickett, D. T.
Smith, Stevenson, W. Thomas, Ward, S. Young, and T. I. Young— 'll.
. NAYS—Mr. Speakeh, Messrs. S. H. Anderson, Bates, Bell, Bram-
lett, Butler, Chilton, Churchill, Collins, Cook, Covington, CuUey, Dela¬
ney, Faris, Ford, Fulton, Gaines, Gorin, Green, Harris, Hayden, Hau¬
ser, Henry, Hill, Jett, Kennedy, Lucas, McAfee, M ;Donald, Marshall,
Maxey, May, Megowan, Meriwether, Montgomery^ Morgan, B. S. Mor¬
ris, D. Morris, Murray, Nuttall, Pendleton, Pierce, Pryor, Rifle, San¬
ders, Scrivner, Shanks, Short, Simpson, E. Smith, W. Smith, Southgate,
B. F. Thomas, Thompson, Thruston, Tuggle, S. Williams, D. White, and
Yates—59.
Mr. Pierce then moved to amend the second section of said bill
by expunging therefrom the words printed in italics.
And the question being taken thereon, it was decided in the
affirmative.
The yeas and nays being ret[uired thereon, by Messrs. McAfee
and Pierce, were as follows, viz:
YEAS—Mr. Si’E.AKEE, Messrs. Abel, S. H. Anderson, Bates, Bowling,
Butler, Chilton, Churchill, Collins, Cook, Copeland, Culley, Delaney,
English, Ewing, Faris, Ford, Gorin, Green, Harris, Harrison, Hayt'en,
Heady, Hill, Hughes, Innis, W. Johnson, Kennedy, Lucas, McAfee,
McDonald, McFall, Maxey, Megowan, Meriwe her, Morgan, B. S.
Morri.s, D. Morris, Murray, Ozborn, Pierce, Pryor, Sanders, Scrivner,
Shanks, Short, Simpson, D. T. Smith, E. Smith, W. Smith, Southgate,
B. F. Thomas, W. Thomas, Thruston, Tuggle, WicklilTe, S. Williams, J.
White, and S. Young—59.
NAYS—Messrs. A. Anderson, Bell, Bonne, Bramlett, Crow, Coving¬
ton, Davis, Dunlap, Gaines, Hauser, Henry, Jennings, May, Nuttall,
Patterson, Pendleton, Pickett, Rifle, Stevenson, Thompson, Ward, J.
Williams, D. White, Yates, and T. I. Young—25.
Mr. Kennedy then moved further to amend said bill by adding
thereto the following as an additional section:
Be it further enacted. That no slave shall be emancipated by any
of the provisions of this act witliout the consent of the owner, or
witiiout a full equivalent in money being first paid to the owner,
for the slave so emancipated.
-And the question being taken on adopting the said section, as an
JOURNAL OF THE
amendment to the bill, it was decided in the negative: and so the
proposed amendment was disagreed to.
The yeas and nays being required thereon, by Messrs. Kenne¬
dy and Ewing, w'ere as follows, viz:
YEAS—Messrs. Abel, A. Anderson, Boone, Bowling, Bramlett, Cope¬
land, Crow, Davis, Dunlap, English, Ewing, Harrison, Hauser, Heady,
Hughes, Innis, Jennings, tV. Johnson, Kennedy, Lockhart, McDonald,
MvFall, jMay, Montgomery, B. S. Morris, Murray, Ozborn, Patterson,
Pendleton, Piedtets, Rifle, Sanders, Short, D. T. Smith, Stevenson,
Thompson, Ward, Wieklifl'e, J. Williams, S. Williams, S. Young, and T.
I. Young—12.
NAYS—Mr. Speaker, Messrs. S. H. Anderson, Bates, Bell, Butler,
Chilton, Churchill, Collins, Cook, Covington, Culley, Delaney, Paris,
Ford, Gaines, Gorin, Green, Harris, Hayden, Henry, Hill, Jett, Lucas,
McAfee, Mar.diali, Ma.vey, Megowan, Meriwether, Morgan, D. Morris,
Nuttall^ Pierce, Pryor, Scrivner, Simpson, E. Smith, W. Smith, South-
gate, B. F. Thomas, W. Thomas, Thruston, Tuggle, D. White, J. White,
and Yates—45.
Mr. Kennedy then moved further to amend said bill, by ad¬
ding thereto the following as an additional section.
Be it further enacted, That no slave shall be emancipated by any
of the provisions of this act, without saving the rights of creditors,
and without an adequate guarantee being first given, that the slave,
so emancipated, shall not become chargable to any county in this
Commomveallh.
The question being taken on the adoption thereof, it was deci¬
ded in the ailirmative.
The yeas and nays being required thereon, by Messrs. Kenne¬
dy and Green, were as follows, viz:
YEAS—Messrs. Abel, A. Anderson, Boone, Bowling, Brown, Crow,
Davis, Delaney, Dunlap, Ewing, Paris, Harrison, Hayden, Hauser,
Heady, Hughes, Innis, Jennings, W. Johnson, Kennedy, Lockhart, Mc¬
Donald, M-Fall, Matson, May, Meriwether, Murray, Ozborn, Patterson,
Pierce, Rifle, Sanders, Short, D. T. Smith, E. Smith, Stevenson, Ward,
Wieklifl'e, J. Williams, S. Williams, and D. White—41.
NAYS—Mr. Spe-aker, Messrs. S. H. Anderson, Bell, Butler, Ciiilton,
Churchill, Collins, Copeland, Culley, Ford, Fulton, Gaines, Green, Har¬
ris, Henry, Hill, Jett, G. W. Johnston, McAfee, Marsliall, Morgan, B. S,
Morris, D. Morris, Nuttall, Prince, Pryor, Scrivner, Simpson, W. Smith,
S utligate, B. F. Thomas, W, Thomas, Thruston, Tuggle, J. White, and
Yates—36.
Mr. Meriwether, from tlie majority on the vote by which the
•213
Jas. 2.] HOUSE OF REPRESENTATIVES.
last amendment proposed was adopted, moved reconsideration
of said vote.
And the question being taken on reconsidering said vote, it was
decided in the affirmative.
The question was then again propounded to the house, upon the
adoption of said amendment, which was decided in the negative:
d'he yeas and nays being required thereon, by Messrs. Ewing
and Kennedy, were as follows, viz:
YEAS—Messrs Abel, A. Anderson, Boone, Bowling, Bramlett, Brown,
Crow, Davis, Delaney, Danlap, English, Ewing, Faris, Harrison, Hay¬
den, Hauser, Heady, Hughes, Innis, Jennings, W. Johnson, Kennedy,
Lockhart, McDonald, M- Fall, Matson, May, Montgomery, Murray, Oz- '
born, Patterson, Pickett, Riffe, Sanders, Shanks, Short, D. T. Smith, E.
Smith, Stevenson, Thompson, Ward, Wickliffe, J. Williams, S. Williams,
S. Young, and T. I. Young—46.
NAYS—Mr. Speaker, Messrs. S. H. Anderson, Bates, Bell, Butler,
Chilton, Churchill, Collins, Cook, Copehmd, Covington, Culley, Ford,
Fulton, Gaines, Gorin, Green, Harris, Henry, Hill, Jett, G. W. Johnston,
Lucas, McAfee, Marshall, Ma.xey, Megowan, Meriwether, Morgan, B.
S. Morris, D. Morris, Nukall, Pendleton, Pierce, Prince, Pryor, Scriv-
ner, Simpson, W. Smith, Southgate, B. F. Thomas, W. Thomas, Thrus-
ton, Tuggle, D. White, J. While, and Yates—47.
A motion w'as then made by Mr. E. Smith to reconsider the vote
by which the first amendment offered by Mr. Kennedy was ad¬
opted.
And the question being taken thereon, it was decided in the
affirmative. >
Mr. Harrison then moved to lay the said bill and amendmciit
on the table until the first day of June next. 1
And the question being taken thereon, it was decided in the af¬
firmative. ^
The yeas and nays being required thereon, by Messrs. Hariii-
son and Thruston, were as follows, viz: (
YEAS—Messrs Abel, A. Anderson, Boone, Bowling, Bramlett, Browii,
Copeland, Crow, Covington, Davis, Delane^', Dunlap, English, Ewin/ix,
Faris, Harrison, Hayden, Hauser, Heady, Hughes, Innis, Jennings, W.k
Johnson, Kennedy, Lockhart, McDonald, McFall, Matson, Mav, Momt-
gdmery, Murray, Ozborn, Patterson, Pickett, Pierce, Riffe, Sandeds,
Shanks, Short, D. T. Smith, E. Smith, Stevenson, Thompson, Waa-d,
Wickliffe, J. Williams, S. Williams, S. Young, and T. I. Young—4f).'_|
NAYS—Mr. Speaker, Messrs. S. H. Anderson, Bates, Bell, Butller,
Chilton, Churchill, Collins, Cook, Culley, Ford, Fulton, Gaines, Goi*' ^
Green, Harris, Henry, Hill, Jett, G. W, Johnston, Lucas, McAfee. M*'
JOURNAL OF THE
•R-1
[Jan. 3.
jliall, Mogowan, Meriwether, Morgan, B. S. Morris, D. Morris, Niittall,
Pendleton, Prince, Pryor, Scrivner, Simpson, W. Smith, Southgate, B.
F. Thomas, W. Thomas, Thruston, Tuggle, D. While, J. Wliiie, and
Yates—43.
And then the house adjourned.
THURSDAY, JANUARY 3, 1833.
Mr. Prince, from the joint committee of enrolments, reported
that the committee had examined enrolled bills of the following
titles, and had found the same truly enrolled, viz:
An act to establish an election precinct in Barren county.
An act to regulate the Jefferson and Oldham circuit courts.
An act for the benefit of the jailor of I.ogan county.
vVn act to authorise Edward Turner to erect a mill-dam and
mill on the middle fork of the Kentucky river, in Clay or Perry-
count j.
An act to cliange the mode of publishing the decisions of the
Appellate Court of this Commonwealth.
An act to change the place of voting in the Caney precinct, in
the count}' of Ohio.
An act for the benefit of Dorcas Worley.
An act to authorise the recording of deeds remaining unrecor¬
ded in the clerk’s office of-the Logan county court, at the death
of the late clerk.
An act for the benefit of the Head-right and Tellico settlers.
Whereupon, the Speaker affixed his signature thereto.
Ordered, That Mr. Prince inform the Senate thereof.
A message was received from the Senate announcing their dis-
greement to bills which originated in this house of the following
titles:
' An act for the benefit of Jane Deason.
An act for the benefit of Polly Campbell; and.
An act for the benefit of Abner W. Smith, former Sheriff of
(.Ualdwell county.
/ The passage of a bill svhich originated in this house, entitled,
din act for the benefit of William R. McFerrin and others: with
ajmendments.
' And the passage of bills of the following titles:
\ An act to prevent the circulation of certain bank notes.
I An act for the benefit of Wm. P. Smith, John J. Smith, Fran-
ciU J. Hopkins and others.
* An act for the benefit of the legatees of Richard Allen, dc-
• ased; and.
f
An act for the relief of Anna Maria Walsh.
1. Mr. Brown presented the petition of sundry citizens of the
town of Ncholasville, in Jessamine county, representing tliat the
town tax on the residents and property holders in said town is un¬
equal and oppressive: praying the passage of a law to impose a
tax in proportion to the property of eacli citizen, to include a tax
upon groceries, merchandise, and every other species of property,
and a law to appropriate ai! fines arising from riots, routs, unlawful
assemblies, and breachei of the peace, committed within the lim¬
its of said town, to lessen the town tax therein.
2. Mr. May presented the petition of sundry citizens of Floyd
and Pike counties praying the passage of a law declaring John’s
creek a navigable stream, to the mouth of Raccoon creek, in Pike
county.
3. Mr. Hauser presented the petition of sundry citizens of Pen¬
dleton county, praying an alteration of the location of the state
road leading from Frankfort to Neville, Ohio.
4. Mr. E. Smith presented the petition of sundry citizens of
Laurel county, living on and near Moore’s road, in said county, rep¬
resenting that by much labor said road has been so improved that
a large portion of stock is carried to market on said road: ])ru 3 -
ing that a law may pass that a ratable proportion of tolls collec¬
ted at the gate on the Madison road and the gate at the Cumber¬
land Gap, may be allowed to Moore’s road.
5. Mr. S. ^V'illiams presented tlie petition of sundry citizens of
the county of \V'ayne, representing that Matthew' Castillo is a
dumb boy and of unsound mind; that he is entitled to an undivi¬
ded interest in a piece of land, lying in said county: praying the
passage of a law to authorise the sale of said land, and to apply
the proceeds thereof to the sup^iort of said Matthew Castillo.
6. Mr. JMatson presented the petition of Hugh Talbot, of Bour¬
bon county, representing that he is poor, is indebted to the Bank
of the Commonwealth, to which he has mortgaged some property in
Millersburg; that the same has been sold, and the bank became
the purchaser, and that he has been unable to redeem the same:
praying the passage of a law' to give him six years to pay said
bank debt and redeem his property.
7. Mr. Saijders presented (he petition of Henry Small, praying
a divorce from his w'ife, Mary S. Small.
1 8. Mr. Meriwether presented the petition of sundry citizens ol
Jefferson county, praying that a law may pass to authorise the
erection of a liridge across Long run, where it crosses the Turn¬
pike road leading from Shelbj'viile to Louisville.
9. Mr. Wickliffe presented the petition of John Ow'ens and
sundry other citizens of (.'larke county, praying that said John
Owens may be divorced from his wife, Sally Owens.
Which petitions were severally received, (he reading dispens-
Jan. 3.] HOUSE OF REPRESENTATIVES.
210
JOURNAL OF TILL
cdwitli, ami referred; third, fourth
enth and ninth, to the committee o 1 ’ t^e committee of
mittee for courts of justice; and the sixu,
propositions and . i p i, (.pe Louisville Bank of Ken-
Orrkred, That a bill to f Messr^^ White,
lucky he recommitted to Southgate, Gorin, Thruston,
s!’li E. In,u„. U.,.., PH.,ce.
^‘mc! Gori^!‘from eUo'^re^u^UirFke/Jnhet
an engrossed bill, entitled, an a Tennessee river, and
,vas JccLd in the negnUve: «”y» ‘ . mJ,. E»i„g
The yeas and nays being required the icon, uy
- were as iollows, viz;
.EAS-He.™, Ahei. B.*,;, V^annd M»ne,. ^
lay, Nutt , > Ward D White, and Yates—33.
Thomas, Thompson, riirnston, , • j 3 ^pi Boone,
HAYS-Me». A ^
Bowling, Brown, Chi , Hauser, Irmis, Jen-
vis, English, McDonald, Matson, Megowan, Meri-
SSEiS-pSas^:-
about to leave this Commonwealth.
2. A hill requiring security for p'io„_ 3 . A hill for
By Mr Stevenson, from the committee ol re g
' the benefit of Thomas Newkirk and wile.
4. A bill to dissolve the marriage contract between Francis
Conner and wife, and others.
By Mr May—5. A bill to improve the navigation of Big San¬
dy river.
By Mr Butler—6. A bill to regulate the town of Simpsonville,
in Shelby count 3 ^
By Mr Chilton—7. A bill to provide for revising, digesting, and
abridging the statute laws of this Commonwealth.
By Mr Heady—8. A bill to authorise the sale of a tract of
land belonging to Cornelius F. AAillett, a lunatic.
By Mr B. S. Morris—9. A bill to appropriate ^5000 towards
building a permanent bridge across Licking river, at Claysyille.
Which bills were severally received and read the first time, and
ordered to be read a second time.
And thereupon the rule of the house, constitutional provision,
and second reading of said bills, (the ninth excepted,) being dis¬
pensed with, the first was committed to a select committee of
Messsrs. S. Williams, Green and D. T. Smith; the second was
committed to a select committee of Messrs. B. F. Thomas, Ew¬
ing, Hauser, Ward and AVickliffe; the fifth, to the committee on
ihternal improvements; the seventh, to the committee for courts
of justice; and the third, fourth, sixth and eighth were ordered to
be engrossed and I'ead a third time.
And thereupon the rule of the house, constitutional provision,
and third reading of the third, fourth, sixth and eighth bills hav¬
ing been dispensed with, and the same being engrossed:
Resolved, That the said bills do pass, and that the titles thereof
be as aforesaid.
Ordered, That the Clerk carry the said bills to the Senate and
request their concurrence.
Leave was given to bring in the following bills;
On the motion of Mr D. White—1. A bill to regulate the ap¬
pointment of Deputy Sergeants to the Court of Appeals.
On the motion of Mr B. F. Thomas—2. A bill for the benefit
of Micajah Harrison.
On the motion of Mr T. I. Young—3. A bill for the benefit of
Spencer Boyd and others.
On the motion of Mr Yates—4. A bill for the improvement of
the navigation of Big Caney, a branch of Rough creek.
On the motion of Mr Chilton— 5. A bill regulating and defin¬
ing the powers of the trustees of the town of Brandenburg, in
Meade county.
On the motion of Mr Short—6. A bill to provide for the im¬
provement of the public roads in tlVe county of Muhlenlnirg.
On the motion of Mr Davis—7. A bill to am .nd the militia law.
Messrs. D. AYhite, B. F. Thomas and Kennedy', were appoint¬
ed a committee to prepare and bring in the first; the committee
C2
Jax. 3.] HOUSE OF REPRESENTATIVES.
218
JOURNAL OF THE
[Jan. 3-
for courts of justice, tlie second; the committee of propositions
and grievances, the third; the committee on internal improve¬
ments, the fourth and sixth; Messrs. Cliilton, Hill and Culley, the
fifth; and Messrs. Davis, Dunlap, Morgm, Matson, Boone and J.
White, the seventh.
Mr. Harris moved to obtain leave to bring in a hill to repeal
the law allowing compensation for wolf scalps.
And the question lieing taken on granting leave to bring in said
bill, it was decided in the negative: and so the said motion was
disagreed to.
Mr. Gorin moved the following resolution; which was twice
read and adopted, viz:
Resolved, That a select committee he appointed to ascertain
and report specially the amount of money paid annually to the
officers of the General Court, for attending on the court during
its sessions, for office rent, ex officio services, &g. ; also, the num¬
ber of suits, (except those in favor of the state,) instituted since
1824; the number decided since; the number of cases yet on the
docket; the number of deeds recorded witlfin the last year, and
such other facts as may tend to show whether or not the said court
ought to be abolished.
Whereupon, Messrs. Gorin, Butler and Meriwether were ap¬
pointed said committee.
Mr. Green moved the following resolution:
Resolved, That the committee for courts of justice be instructed
to bring in a bill fixing, provisionally, on an early day for the
election of members to serve in the next Congress of the United
States,
Which being twice read, was adopted.
A bill from the Senate entitled, an act to add a part of Oldham
county to the county of Shelby; w'as read the first time, and or¬
dered to be read a second time.
And the rule of the house, constitutional provision, and second
reading of said bill having been dispensed with, the same, (togeth¬
er with a petition and remonstrance from the county of Oldham,)
was referred to the committee of propositions and grievances.
The amendments proposed by the Senate to a bill from this
house, entitled, an act for the benefit of Wm, R. McFerrin: were
twice read and concurred in.
Ordered, That the Clerk inform the Senate thereof.
The house then, according to the standing order of the day,
resolved itself into a committee of the whole house—Mr. McAfee
in the chair—and after some time spent therein, the Speaker re¬
sumed the chair, and Mr, McAfee reported that the committee
had, according to order, had under consideration a hill to increase
the' revenue to meet the ordinary expenses of government, and had
FRIDAY, JANUARY 1833.
Jan. 4.] HOUSE OF REPRESENTATIVES. 219
made some progress therein, but not having time to go through
the same, had instructed him to ask for leave to sit again—which
being granted:
Then the house adjourned.
A message from the Governor, by Mr. Sanders, Secretary of
State.
Mr, Speaker :—The Governor did, on the 2nd instant, approve
and sign enrolled bills, which originated in this house, of the fol¬
lowing titles:
An act for the benefit of Henry Waddle.
An act for the benefit of the Boone Academy.
An act to regulate election precincts in certain counties.
An act authorising the county courts of Bath, Fleming, and
Franklin, to permit gates to be erected across certain public roads.
An act to change the place of voting in an election precinct in
Montgomery county from Robert Gay's to John L. Martin’s, and
for other purposes.
An act increasing the jurisdiction of the trustees of the town of
Franklin, Simpson county.
An act to legalize the proceedings of the Christian and Barren
county courts, in appointing commissioners of tax, and for other
purposes.
An act to change the constable’s district in the first Battalion,
88th Regiment of Kentucky Militia, and to change a constable’s
district in the county of Estitl.
An act to amend tlie laws concerning the Lunatic Asylum, and
for other purposes.
An act to allow the Independent Banks of this Commonwealth
further time to settle their concerns.
An act to change the time of holding the Spencer circuit and
county courts, and the county courts of Shelby.
An act for the benefit of Allen Taylor.
An act for the benefit of George ('oleman, and others.
An act for tlie-benefit of Gabriel Gaines’ heirs; and.
An act in relation to the towns of Cynthiana and Lawrence-
burg.
And then he withdrew.
Ordered, That the Clerk inform the Senate thereof.
1. Mr. Morgan presented the petition of sundry citizens of
Fleming county, piaying the establishment of an election precinct
in said county.
I
JOURNAL OF THE
[Jan. 4.
2. Mr. Harris presented tlie petition of John Jenher, praying
a divorce from his wife, Mary Jenner.
3. Mr. Dunlap presented the petition of AVm. H. Richardson,
adminisirator of tlie estate of M. D. Ricliardson, deceased, pray¬
ing an amendment to the act of the last session, passed for the
benetit of said estate.
4. Mr. Hausei' presented the petition of sundry citizens of Pen-
dkton county, praying for the passage of a law changing the place
1 of voting in the Ohio precinct in said county.
5. Mr. Kennedy presented the petition of Melinda Noe, pray¬
ing a divorce from her husband, Charles Noe.
Which petitions were severally received, the reading thereof
dispensed with, and referred; the lirst, to the committee of propo-
sitioris and grievances; the second and fifth, to the committee of
■ religion; the third, to a select committee of Messrs. Dunlap, AVool-
ley and Innis; the fourth, to a select committee of Messrs. Hau¬
ser, Gaines and Harris.
A message was received from the Senate announcing their dis¬
agreement to a bill which originated in this house, entitled, an
act for the divorce of Temple West.
The. passage of a bill which originated in this house, entitled,
an act for the benetit of Benjamin Robinson: with an amendment.
And the passage of a bill entitled, an act further to regulate the
town of Springfield, in Washington county.
Mr. Ewing, from the committee for courts of justice, to whom
was referred a bill to divorce Frances Heard from her husband,
William Heard: reported the same without amendment.
And the question being taken on engrossing the said bill and
reading it a tinrd time, it was decided in the negative: and so the
said bill was rejected.
Mr. Ew'ing, from the same committee, to whom was referred a
bill to amend the law concerning divorces: reported tlie same with
sundry amendments.
Ml. Green then moved to recommit said bill and amendments
to a select committee.
And the question being taken thereon, it was decided in the
affirmative.
tieing required thereon, by Messrs. Wick-
Ime and Green, were as follows, viz:
YEAS—Mr. Si-EAKEE, Messrs. S. H. Anderson, Bates, Bell, Boone.
Bowling, Bramlett, Chilton, Churchill, Collins, Cook, Copeland, Crow’
Davis, Delaney, Dunlap, English, Paris, Fulton, Gorin, Green, Harris,
H.iuser, Henry, Innis, W. Johnson, Kennedy, Lucas, McDonald, Mont¬
gomery, .Morgan, D. Morris, Pendleton, Pickett, Prince, Pryor, Riffe,
Rudd, S.:rivner, Seaton, Shanks, E. Smith, W. Smith. Southgate, B. F.
Thomas, Tuggle, Wickliffe, J. White, and S. Young-49.
I
HOUSE OF REPRESENTATIVES,
NAYS—Messrs. Abel, A. Anderson, Covington, Ewing, Ford, Harri¬
son, Hayden, Heady, Hill, Hughes, Jennings, Jett, Lockluirt, McAfee,
McFall, Matson, Ma.xey, May, Megowaii, Meriwether, B. S. iMorris,
Murray, Ozborn, Nuttall, Patterson, Pierce, Sanders, Short, D. T. Smitli,
Stevenson, W. Thomas, Tlionipson, Thruston, Ward, J. Williams, S. Wil¬
liams, D. White, Yates, and T. I. Young—39.
Ordered, That Messrs. Green, McAfee and J. White compose
said committee.
Mr. Ewing, from the committee for courts of justice, made the
following report:
The committee for courts of justice have had under considera¬
tion the petition of George W. Tackett, and have come to the
following resolution thereon:
Resolved, That said petition be rejected.
Which being twice read, was concurred in.
On motion—
Ordered, that the committee for courts of justice be discharged
from the further consideration of tlie petition of John Brown, and
that the same be referred to a select committtee of Messrs. D.
White, Gorrn, Prince, and Gulley.
Mr. S. Williams, from the select committee, to whom was re¬
ferred a bill to authorise the collection of clerk’s fees from those
about to leave the Commonwealth: reported the same with an
amendment; which being twice read, was concurred in. And
the said bill, as amended, ordered to be engrossed and read a
third time.
Mr. McAfee, from the select committee, to whom was referred
a hill for the benetit of Thomas Spillman, SheriH'of Gallatin coun¬
ty: reported the same with amendments; which being twice read,
were concurred in. And the said bill, as amended, ordered to be
engrossed and read a third time.
And thereupon the rule of the house, constitutional provision,
and third rending of said bill having been dispensed with, and tlie
same being engrossed:
Resolved, That the said bill do pass, and that the title thereof
be “an act for the benefit of the sheriffs of Bath, Gallatin, and
Pendleton counties.
Ordered, That the Clerk carry the said bill to the Senate and
request their concurrence.
The following bills M^ere reported from the several committees
appointed to prepare and bring in the same, viz:
By Mr McAfee, from tlie committee of propositions and griev¬
ances- 1. A bill for the benefit of Spencer Boyd and others of
Bath county.
By Mr Ewing, from the committee for courts of iustice—-2. A
bill for the benefit of John Shields.
•222
JOURNAL OR THE
[Jan. 4.
3, A bill for tlie benefit of Henry Crist.
By Mr Stevenson, from the committee of religion—4. A bill for
the benefit of Samuel C. Scroggin. ■
By Mr U. White—5. A bill to regulate the appointment of
Deput\- Sergeants of the Court of Appeals; and,
By Mr Hayden—(i. A bill to appoint commissioners to review
the state road from Owenton to Ghent, in Gallatin county.
Which bills were severally received and read the first time, and
ordered to be read a second time.
And thereupon the rule of the house, constitutional provision,
and second reading of said bills having been dispensed with, the
first was committed to the committee of propositions and griev¬
ances; the fifth, to the committee for courts of justice; and the
second, third, fourth and sixth were ordered to be engrossed and
read a third time. .
And thereupon the rule of the house, constitutional provision,
and third reading of the second, third, fourth and sixth bills hav¬
ing been dispensed with, and the same being engrossed:
Resolved, That the said bills do pass, and that the titles thereof
be as aforesaid.
■ Ordered, That the Clerk carry the said bills to the Senate, and
request their concurrence.
Mr. U. White, from the select committee, to whom was refer¬
red a bill to establish the Bank of Louisville: reported the same
with sundry amendments; several of which having been concurred
in: the sixth amendment was read as follows, viz:
“Add to the bill as an additional section:”
Be a farther enacted. That the Commonwealth of Kentucky shall
have power, at any time, within five years from and after the pas¬
sage of this act, to add to the capital stock of said bank any amount
of shares, not exceeding five thousand, and to cause the same to
be subscribed and taken on behalf of the Commonwealth: and up¬
on the stock, or any part thereof, being so subscribed and paid for,
the Commonwealth shall have all the rights, privileges, and bene¬
fits which are vested in the stockholders, and no more; and the
stock of the state shall be voted upon by any person authorised by
Mr. McAfee then moved to amend the said amendment by strik¬
ing out the whole thereof, after the enacting clause, and inserting
in lieu thereof the following, viz:
That the Governor of this state, for the time being, shall, at
any time within five years, have the privilege of subscribing tor
five thousand shares of said bank, and pay for the same from time
to time, so soon as any surplus funds, arising from the sale of va¬
cant lands or otherwise,,can be collected; and the same are here¬
by reserved for that purpose.
223
Jan. 4.] HOUSE OF REPRESENTATIVES.
And the question being taken on adopting the amendment to
the amendment, it was decided in the negative.
Tlie yeas and nays being required thereon, by Messrs. McAfee
and-, were as follows:
YEAS—Messrs. Abel, A. Anderson, Bowling, Bramlett, Copeland,
Crow, English, Ford, Fulton, Heady, W. Johnson, Lockhart, McAfee,
McDonald, Matson, May, Montgomery, B. S. Morris, Murray, Ozborn,
Patterson, Rudd, Stevenson, VV. Thomas, Ward, J. Williams, D. White,
and T. I. Young—28.
NAYS—Mr. Speaker, Messrs. S. H. Anderson, Bates, Bell, Boone,
Brown, Butler, Chilton, Churchill, Collins, Cook, Covington, Culley, Da¬
vis, Delaney, Dunlap, Ewing, Faris, Gaines, Gorin, Green, Harris, Har¬
rison, Hayden, Hauser, Henry, Hill, Hughes, Innis, Jennings, G. W.
Johnston, Kennedy, Lucas, McFall, Maxey, Megowan, Meriwether, D.
Morris, Nuttall, Pendleton, Pickett, Pierce, Prince, Pryor, RifFe, San¬
ders, Scrivner, Seaton, Short, Simpson, D. T. Smith, E. Smith, W. Smith,
Southgate, B. F. Thomas, Thompson, Thruston, Tuggle, WicklilTe, S.
Williams, J. White, Yates, and S. Young—G3.
Mr, Boone then moved to amend said amendment by striking
out the word Jive^ preceding the word years, in the second line,
and inserting in lieu thereof the word eight.
And the question being taken thereon, it was decided in the
negative.
The }eas and nays being required thereon, by Messrs. Ewing
and Boone, were as follows:
YEAS—Messrs. Boone, Bowling, Bramlett, Collins, Cook, Crow, De¬
laney, Dunlap, Ewing, Faris, Ford, Fulton, Gaines, Harrison, Hauser,
Heady, Hughes, Kennedy, Lockhart, McDonald, Maxey, May, Megow¬
an, Montgomery, B. S. Morris, Murray, Nuttall, Patterson, Short, D. T.
Smidi, W. Thomas, Thompson, Wicklitfe, S. Williams, and J. White—35.
NAYS—Mr. Speaker, Messrs. A1 el, A. Anderson, S. H. Anderson,
Bates, Bell, Brown, Butler, Chilton, Churchill, Copeland, Covington,
Culley, Davis, English, Gorin, Green, Harris, Hayden, Henry, Hill, In¬
nis, Jennings, Jett, G. W. Johnston, W. Johnson, Lucas, McAfee, Mc¬
Fall, Matson, Meriwether, D. Morris, Ozborn, Pendleton, Pickett, Pierce,
Prince, Pryor, Rifle, Rudd, Sanders, Scrivner, Seaton, Simpson, E. Smith,
W. Smith, Southgate, Stevenson, B. F. Thomas, Thruston, Tuggle, Ward,
J. Williams, D. White, Yates, and T. I. Young—56.
The sixth section of said bill was then read as follows, viz:
Sec. 6. That the Directors chosen under the provisions of this
charter, shall, as soon as may be after the first and every annual
or other election, elect a President from their own body, who shall
JOURNAL OF THE
preside at the hoard until tlie next election; aiid in case of the
death, absence or resignation of the I’resident, the hoard shall
choose a President pro tempore; they shall fill all vacancies which
may occur in their own body, during the time for which they shall
have been elected—and appoint a Cashier, and subordinate ofli-
cers, clerks, agents and servants of said hank; fix their compensa¬
tion, define their powders and prescribe their duties; and shall re¬
quire from them such bonds, and in such penalties and with such
conditions and sureties as they shall deem right; which bonds shall
be laid monthly before the Directory, who may then and at such oth¬
er times as deemed proper, require the same to be altered or amen¬
ded, and demand other and additional security; such oflicers shall
remain during the pleasure of the board under such regulations,
restrictions and limitations, as the President and Directors for the
time being may prescribe, not contrary to the provisions of this
chai'tcr, and the by-laivs, rules and regulations of the bank. The
President and Directors, five of whom shall form a quorum, may
from time to time, make such by-laws, I’ules and regulations, for
their own government and for the management and disposition of
the property, estate, funds and business of the bank, and all mat¬
ters appertaining thereto, which they may judge expedient, not
contrary to the provisions of this charter, and the by-laws, rules
and regulations w'hich the stockholders may, from time to time
prescribe, at their annual or other meetings. They shall hold
stated meetings at least once in every week, on such day and at
such hour of the day, as they may, from time to time appoint, and
at such other times as the President shall order and direct; and a
majority shall constitute a quorum, and be competent to the trans¬
action of any business within the scope of their pow'crs, and con¬
nected with their official duty; and all questions before the board
shall be decided viva voce, by a majority of those j)rescnt, any
two of w hom may' require the yeas and nays to be taken on any
proposition submitted, entered and recorded on their journal of
proceedings; and no vote shall be reconsidered when a less num¬
ber are present than w'hen the original vote was given. They
shall, on the first Mondays of January and July' annually, make
and declare such dividends resulting from the profits of said hank,
as shall not in anywise lessen the capital stock of the same, and
cause such dividends to be paid on demand to the several stock¬
holders thereof: but whmever they shall declare a dividend of the
profits among the stockholders, they shall likewise declare a dividend
of two and a half per cent, on the amount of the profits then divided,
to this state, which shall be in lieu of ail tax on the stock, and as a
bonus for this charter, and shall be paid to the Treasurer of this Com¬
monwealth, on demand, as other dividends: Provided, however, that
no dividend shall be declared of the profits of said bank until
there shall be a surplus or contingent fund of twenty thousand
§23
Jan. 4.] HOUSE OF REPRESENTATIVES.
dollars, for one million of stock paid in, and after that rate; and
the contingent fund shall never be reduced below that ratio on
the amount of stock paid in. And if the President and Direc¬
tors of said bank shall at any time make any dividend of the prof¬
its or other property of the bank, by which the capital stock there¬
of shall in anywise be lessened or impaired, or shall, by any mis¬
management or neglect of duty, cause any loss or deficiency of
the capital stock of the bank, the directors consenting thereto, or
guilty of such mismanagement or neglect of duty, shall be jointly
or severally liable in their individual capacities to any stockhold¬
er or creditor of said bank,who may sustain injury thereby; and
the President and each and every Director shall lie deemed to
have consented to such dividend, and been guilty of such misman¬
agement or neglect, unless he shall forthwith give notice of his
dissent thereto, or absence from the institution, in like manner as
is provided in the fourth section of this charter, and call a meet¬
ing of the stockholders, as therein provided for.
Mr. McAfee then moved to amend said section by expunging
therefrom the words printed in italics, and inserting in lieu thereof
the following:
That the Cashier of said hank shall, on the first day of July, in
the year 1834, and on the same day annually thereafter, pay into
the treasury of this state twenty-five cents on each share held by
the stockholders in said bank, which shall be in full of all tax or
bonus on said bank; Provided, that the, tegislalure may increase or
reduce the same; but at no time shall the tax imposed on said stock
exceed fifty cents on each share Ivld in said bank.
Mr. Green then moved to amend the said amendment by strik¬
ing out the proviso.
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon, by Messrs. Boone
and Collins, were as follows:
YEAS—Messrs. Bowling, Butler, Chilton, Cullej’’, Dunlap, Faris, Go¬
rin, Green, Harris, Henry, Hill, Jennings, Jett, Ma.xey, Meriwether,
Nuttall, Pierce, Rudd, Sanders, Southgate, Thruston, and D. White—22.
NAYS—Mr. Speaker, Messrs. .Abel, S. H. Anderson, Bates, Bell,
Boone, Bramlett, Brown, Churchill, Collins, Copeland, Crow, Covington,
Davis, Delaney, English, Ewing, F rd, Fulton, Gaines, Harrison, Hau¬
ser, Heady, Hughes,Innis, G. W. Johnston, W. Johnson, Kennedy, Lock¬
hart, Lucas, McAfee, McDonald, McFall, Matson, May, Megowan, Mor¬
gan, B. S. Morris, D. Morris, Pendleton, Picket', Prince, Pryor, Rifle,
Scrivner, Seaton, Shanks, Short, Simpson, D. T. Smith, E. Smith, W.
Smith, Stevenson, B. F. Thomas, W. Thomas, Thompson, Ward, Wick-
D2
226 JOURNAL OF THE [Jan. 5,
liffe, J. Williams, S. Williams, J. White, Yates, S. Young, and T. I.
Young—64.
The question was then taken on adopting the amendment pro¬
posed by Mr. McAfee, which was decided in the alfirmative.
The yeas and nays being required thereon, by Messrs. Collins
and McAfee, were as lollows, viz:
YEAS—Mr. Speaker, Messrs. Abel, S. II. Anderson, Bates, Bell,
Boone, Bowling, Brown, Collins, Copeland, Crow, Covington, Gulley,
Davis, Delaney, Dunlap, English, Ewing, Ford, Fulton, Gaines, Gieen,
Harrison, Hauser, Heady, Henry, Hill, Hughes, Innis, Jett, W. Johnson,
Kennedy, Lockhart, McAfee, McDonald, McFall, Maxey, May, Me-
gowan, Montgomery, Morgan, B. S. Morris, D. Morris, Murray, Oz-
born, Patterson, Pendleton, Pickett, Pierce, Riffe, Scrivner, Shanks,
Short, Simpson, D. T. Smith, E. Smith, Stevenson, B. F. Thomas, W.
Thomas, Thompson, Ward, Wickliffe, J. Williams, S. Williams, J. White,
S. Young, and T. I. Young—67.
NAYS—Messrs. Bramlett, Butler, Chilton, Churchill, Cook, Faris,
Goriii, Harris, Jennings, G. W. Johnston, Matson, Meriwether, Nuttall,
Prince, Pryor, Rudd, Seaton, W. Smith, Southgate, Thruston, D. White,
and Yates—22.
And then the house adjourned.
SATURDAY, JANUARY 5, 1833.
A message was received from the Senate announcing tlie pas¬
sage of a bill which originated in this house, entitled, an act for
the benefit of John Smith and Bartlett Hill.
And the passage of bills of the following titles;
An act for the benefit of the Sheriff of Hickman county; and,
An act to protect the actual settlers in the land district West
of the Tennessee river.
The Speaker laid before the house a letter from Henry Tug¬
gle, Esq., a member of this house from the counties of Knox and
Whitley, announcing a resignation of his seat therein; which was
received, read and laid on the table.
1. Mr. Copeland presented the petition of sundry citizens of
Caldwell county, praying an appropriation of land to aid them in
the completion of the state road from Princeton to Waidsbo-
rough. ■'
2. Mr. W. Johnson presented the petition of sundry citizens of
Scott county, praying an amendment to the criminal laws of this
Commonwealth, so far as relates to slaves.
227
Jan. 5.J HOUSE OF REPRESENTATIVES.
3. Mr. Jennings presented the petition of sundry citizens of
Breckenridge county, praying for the establishment of an election
precinct therein.
4. Mr. Murray presented the petition of sundry citizens of Hick¬
man and McOacken counties, praying for the establishment of a
new county out of a part of each of said counties.
Which petitions were severally received, tlie reading dispens¬
ed with, and referred; the lirst, to a select committee ol Messrs.
Copeland, Prince and Murray; and the second, third, and fourth,
the committee of propositions and grievances.
Mr. McAfee, from tlie committee of propositions and grievan¬
ces, made the following report:
The committee of propositions and grievances have had under
their consideration the petition of Hugh Talbot and wife, pray¬
ing that thc 3 ' may be allowed six years to redeem a house and lot
in the town of Millersburg, which lias been purchased and sold by
the agent of the Bank of the Commonwealth; and are of opinion
that the same be rejected.
Also, the petition of Uavid Rees, praying to be released as one
of the securities of James Patton, sheriff of Harrison county, up¬
on his paying his proportion of a judgment obtained by the Au¬
ditor against the said Patton and his securities; and are of opin¬
ion that the same be rejected.
Also, the petition of Orson Flowers, of Calloway county, pray¬
ing for a donation of a quarter section of land in said county, on
account of his age and revolutionary services; and are of opinion
that the same be rejected.
Which being twice read, was concurred in.
Mr. McAfee, from the same committee, to whom was referred
a bill from the Senate, entitled, an act to add a part of Oldham
county to the county of Shelby; reported the same without amend¬
ment.
Ordered, That the said bill be read a third time on jMonday
next.
Mr. McAfee, from the same committee, to whom was referred
a bill for the benefit of Spencer Boyd and others, of Bath county:
reported the same without amendment.
The said bill was then ordered to be engrossed and read a third
time.
And thereupon the rule of the house, constitutional provision,
and third reading of said bill having been dispensed with, and the
same being engrossed;
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
Ordered, That the Clerk carry the said bill to the Senate and
request their concurrence.
The following bills were reported from committees to whom the
vr,' ■'
JOURNAL OF THE
[Jan. 5.
same were referred for amendment: with amendments to the first
bill, viz:
1. By Mr Green—A bill to reduce the price of the public lands
in the district of country West of the Tennessee river, and to pro¬
tect the actual settlers in said district.
'2. By Mr Ghilton—A liill to authorise Elias Bazcll to build a
mill on the Louisa fork of Big Sandy river.
3. B}' Mr Harris—A bill to incorporate the Licking River Nav¬
igation Company.
The first bill was laid on the table, and the second and third
were ordered to be engrossed and read a tliird time.
And thereupon the rule of the house, constitutional provision,
and third reading of the second bill having been dispensed with,
and the same being engrossed:
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
Ordered, That the Clerk cany the said bill to the Senate and
request their concurrence.
A message was received from the Senate requesting leave to
withdraw^ their report rejecting a bill which originated in this
house, entitled, an act for the benefit of the wife and children of
William Green, a lunatic.
Ordered, That leave be granted accordingly, and that the clerk
inform the Senate thereof and return the said bill to the Senate.
The following bills were reported from the several committees
appointed to prepare and bring in the same, viz:
By Mr McAfee, from the committee of propositions and griev¬
ances— 1. A bill for the benefit of Henry Weddington.
2. A bill for the benefit of mechanics.
3. A bill to amend the laws relating to the towm of Covington,
and for other purposes.
By Mr Hauser—4. A bill to incorporate the Falmouth Bridge
Company.
By Mr Brown—5. A bill to increase the powers of the trustees
of the town of Nicholasville, in Jessamine county.
By Mr D. White—6. A bill to authorise the sale of the real
estate of William Browm, a lunatic, for his maintenance.
By Mr Chilton—7. A bill regulating and defining the powders
of the trustees of the town of Brandenburg, in Meade county.
By Mr McAfee—8. A bill to provide for the prosecution of the
pleas of the Commonwealth in the fiercer circuit court.
Which bills were severally received, and read the first time,
and ordered to be read a second time.
And thereupon the rule of the house, constitutional provision,
and second reading of said bills having been dispensed with, the
first was committed to the committee of propositions and griev¬
ances; the second and eighth, to the committee tor courts of jus-
229
Jan. 5.] HOUSE OF REPRESENTATIVES.
tice; the fourth, to the committee on internal improvements; and
the third, fifth, sixth and seventh, were ordered to be engrossed
read a third time.
And thereupon the rule of the house, constitutional provision,
and third reading of the third, fifth and sixth bills having been
dispensed with, and the same being engrossed:
Resolved, That the said bills do pass, and that the titles thereof
be as aforesaid.
Ordered, That the Clerk cany the said bills to the Senate, and
request their concurrence.
Mr. Green, from the select committee, to whom was referred
a bill to amend the law concerning divorces: reported the same
with an amendment in lieu of the bill.
The said bill and amendment w^erc then read as follows, viz:
Sec. 1. Be it enacted by the General Assembly of the Common-
zcealth of Kentucky, That hereafter all suits for divorce may be
brought by petition, or bill in the nature of a petition, in the sev¬
eral circuit courts of the Commonwealth, and shall be docketed
immediately after the Commonwealth's prosecutions of the court
where the same is filed, and shall be tried in its turn, when call¬
ed, or the same may be laid over to some convenient day, or con¬
tinued at the discretion of the court.
Sec. 2. That pregnancy by another, without the knowledge of
the husband, before marriage, and pending at the time of maiy
riage, shall be good cause for divorce.
Sec. 3. The judge of any circuit court, before whom a cause
shall be pending for a divorce, may, at his discretion, order a trial
by jury' as to any facts; and in such cases testimony' ore tenus shall
be allowed to either party, but depositions may he taken as here¬
tofore.
Strike out the whole of the bill after the enacting clause, and
in lieu thereof insert:
That hereafter all suits for divorces shall be docketed and stand
for trial next after attachments in civil cases, in the several courts
in which they may be pending.
Be it further enacted. That pregnancy in a female, before and
at'the time of her marriage, by any other person than her hus¬
band, shall be good cause for granting a divorce in favor of the
husband: Provided, it shall appear that the husband withdrew
fi’om all connection with his wife on such pregnancy coming to
his knowledge.
Be it further enacted. That the judge of any court, before whom
a suit shall be pending for a divorce, may, at his discretion, order
a trial by jury, to ascertain any facts alleged by either party; and
in such cases testimony ore tenus shall be allowed: but depositions
may be taken and read as heretofore. And no divorce shall, in
any case, be granted except on satisfactory proof of the tacts
230
JOURNAL OF THE
{Jan. 5.
charged, and relied on as grounds for the same; nohoithstanding
said facts viny be admitted by the answer of the defendant, or the
defendant may fail to answer.
The question was then taken on adopting the proposed amend¬
ment, in lieu of the bill, which tvas decided in the allirmaiive.
The yeas and nays being required thereon, by Messrs. Green
and Kennedy, were as follows, viz:
YEAS—Mr. Speaker, Messrs. Abel, S. II. Anderson, Bell, Boone,
Bowling, Brown, Chilton, Churchill, Collins, Cook, Copeland, Crow,
Gulley, Delaney, Dunlap, English, Faris, Ford, Fulton, Caines, Gorin,
Green, Harris, Harrison, Hauser, Henry, Hill, Innis, Jennings, G. W.
Johnston, W. Johnson, Kennedy, Lucas, McAfee, McDonald, McFall,
Matson, May, Meriwether, Morgan, D. Morris, Ozborn, Pendleton, Pick¬
ett, Pryor, RiHe, Rudd, Scrivner, Seaton, Shanks, Shepherd, Short, Simp¬
son, D. T. Smith, E. Smith, VV. Smith, Southgate, B. F. Thomas, Thomp¬
son, Thruston, WicklilTe, J. White, Woolley, Yates, and S. Young—66.
NAYS—Messrs. A. Anderson, Butler, Covington, Davis, Ewing,
Heady, Hughes, Lockhart, Maxey, Megowan, Montgomery, B. S. Mor¬
ris, Patterson, Pierce, Sanders, W. Thomas, Ward, S. Williams, D.
White, and T. I. Young—20.
Mr. McDonald moved an amendment, which was amended to
read as follows, viz:
Be it further enacted, That adultery on the part of the husband or
wife shall be good cause of divorce.
Mr. Thruston then moved to amend said amendment by substi¬
tuting the following in lieu thereof:
Be it further enacted, That adultery, on the part of the wife, or
habitual cohabitation, on the part of the husband, zuith lewd women,
shall be a good cause of divorce for the wife or husband as the case
may be.
And the question being taken on the amendment to the amend¬
ment, it was decided in the negative.
The yeas and nays being required thereon, by Messrs. Collins
and Thruston, were as follows, viz:
YEAS—Messrs. S. H. Anderson, Boone, Butler, Covington, Culley,
Ewing, Hayden, Hauser, G. W. Johnston, McAfee, McDonald, Matson,
May, Megowan, B. S. Morris, Murray, Pierce, Rudd, Shepherd, E. Smith,
Thruston, Ward, and WicklifTe—^23.
NAYS—Mr. Speaker, Messrs. Abel, Bell, Bowling, Brown, Chilton,
Churchill, Collins, Cook, Copeland, Crow, Davis, Delaney, Dunlap,
English, Faris, Ford, Fulton, Gorin, Green, Harris, Harrison, Heady,
Henry, Hill, Hughes, Innis, Jett, W. Johnson, Kennedy, Lucas, McFall,
Maxey, Meriwether, Montgomery, Morgan, D. Morris, Ozborn, Nuttall,
■\
Jan. 5.] HOUSE OF REPRESENTATIVES. 231
Patterson, Pendleton, Pickett, Pryor, Riffe, Sanders, Scrivner, Seaton,
Shanks, Short, Simpson, D. T. Smith, W. Smitl), Southgate, Stevenson,
B. F. Thomas, W. Thomas, Thompson, J. Williams, S. Williams, D.
White, J. White, Woolley, Yates, and T. I. Young—05.
The said amendment having been amended;
Mr. Rudd then moved to lay the said bill and amendments on
the table until the first day of June next.
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon, by Messrs. Rudd
and Green, were as follows:
YEAS—Mr. Speaker, Messrs. Abel, A. Anderson, S. H. Anderson,
Boone, Bowling, Brown, Churchill, Covington, Gaines, Harris, Hay¬
den, Innis, Jett, McFall, Matson, May, Megowan, Rudd, Shanks, Shep¬
herd, E. Smith, Southgate, B. F. Thomas, Thruston, Wicklilfe, and D.
White—27.
NAYS—^Messrs. Bell, Chilton, Collins, Cook, Copeland, Crow, Gul¬
ley, Davis, Delaney, Dunlap, English, Ewing, Faris, Ford, Fulton, Go¬
rin, Green, Harrison, Hauser, Heady, Plenry, Hill, Hughes, Jennings,
G. W. Johnston, W. Johnson,’ Kennedy, Lee, Lockhart, Lucas, McAfee,
McDonald, Maxey, Meriwether, Montgomery, Morgan, B. S. Morris, D^
Morris, Murray, Ozborn, Nuttall, Patterson, Pendleton, Pickett, Pierce,
Riffe, Sanders, Scrivner, Seaton, Short, Simpson. D. T. Smith, W. Smith,
Stevenson, W. Thomas, Thompson, Ward, J. Williams, S. Williams, J.
White, Woolley, Yates, and T. I. Young—63.
The said amendment was then adopted; and the bill, as amen¬
ded, ordered to be engrossed and read a third time.
A resolution from the Senate for appointing a joint committee
to examine and report the condition of the government house: was
taken up, twice read and concurred in; and Messrs. Prince, Mc¬
Afee, Abel, Nuttall, May and Jennings appointed a committee
pursuant thereto.
Ordered, That the Clerk inform the Senate thereof.
Leave was given to bring in the following bills;
On the motion of Mr S. H. Anderson—1. A bill for the bene¬
fit of the Barboursville Seminary, in Knox county.
On the motion of Mr Gorin—2. A bill to authorise John Lew¬
is to erect a mill-dam and mill on Big Barren river, in Barren
county.
Messrs. S. H. Anderson, E. Smith and S. Williams, were ap¬
pointed a committee to prepare and bring in the first, and Messrs.
Gorin, Cook and Bramlett, the second.
Mr. E. Smith moved the following resolution:
Resolved, That a select committee be appointed and instructed
23-2
JOURNAL OF THE
[Jan. 7.
to enquire into the expediency of compelling the Judges of the
Court of Appeals to sit, try, and by personal inspection of the re¬
cord, all causes sui)initted to them during each term.
Which being twice read, was adopted; and Messrs. E. Smith,
S. H. Anderson, Harrison, Simpson and Kennedy, appointed a
committee pursuant thereto.
Mr. English moved the following resolution;
Resolved, by the. House of Riprescntalives, That a committee of
seven be appointed to examine into and report the condition and
present situation of Transylvania University and the Lunatic Asy¬
lum, at Lexington.
Which being twice read, was laid on the table.
And then the house adjourned.
MOXDAY, JAMUARYl, 1833.
1. Mr. Ford presented the petition of sundry citizens of Butler
county, representing that Benjamin Neale, of said county, was a
revolutionary soldier; is now old, infirm, and poor; that he became
indebted to the Bank of the Commonwealth, in several hundred
dollars, to w'hich he mortgaged the tract of land on which he re¬
sided ; praying the passage of a law to permit him to redeem said
land, by the payment of three hundred dollars in specie, in instal¬
ments, in three years, this being one half of the sum for which
said land was mortgaged.
2. Mr. Lee presented the petition of sundry citizens of the
town of Maysville, praying the passage of a law to incorporate
said town as a city, under the name and style of the “City of
Maysville.”
The said petitions were received, the reading dispensed with,
and referred; the first, to the committee of propositions and griev¬
ances; and the second, to a select committee of Messrs. Lee, Wool-
ley, Simpson, Thruston and Pickett.
Mr. McAfee, from the committee of propositions and griev'an-
ces, made a report; wdiich was received, read and laid on the
table.
Mr. D. White, from the joint committee appointed to examine
the Lexington and Ohio Rail Road, and report to both houses,
made the following report, viz;
The joint committee, ajipointed by the Senate and House of
Representatives, to examine the I.exington and Ohio Rail Road,
so far as the same luw been completed, and also that part com¬
menced and not finished, report;
That on the lltb of last December, they visited the Rail Road
and examined it as far as the same had been completed; and on
233
Jan. 7.] HOUSE OF REPRESENTATIVES.
the two succeeding days continued their examinations. There are
near six miles of the road finished; the work seems to be well
done in every part, and admiraljly adapted to facilitate the trans¬
portation of the exports and imports o( the countiy, and for the
conveyance of passengers upon said road.
Two horses and one driver can transport, in one day, the same
burthen, as far as thirty horses, six wagons and drivers can, on the
best M’Adamized road, and with much less liability to accidents of
any kind. With the same proportion of power, passengers can
be conveyed; and in addition to that, with a degree of comfort
and convenience no stage can furnish, and which renders travel¬
ling to the passenger, a treat and luxury, instead of a laborious
and fatiguing journey.
The duties of the committee were not specifically pointed out
in the resolution. After a consultation among the members of the
committee, they deemed it desirable to furnish the Legislature
Avith all the information they could procure, that would enable the
Senate and House of Representatives to vote understandingly upon
the proposition now before them, from the company, to borrow
^■300,Out), and the State to become responsible, or security, for the
repayment of the loan.
The committee, through their chairman, addressed a note to the
President of the Company, propounding a number of interrogato¬
ries to him, which is marked (A.) and here referred to as a part
of this report. The. I’resident responded to the interrogato¬
ries in a note addressed to the chairman, which is marked (B.)
and here referred to as part of this rej)ort.
There has been .^709,’200 of stock subscribed to said road; of
that sum, the company estimates ,^011,000 will be paid in Avhen
called for, and the balance defaulted; the amount peud in is
l'23,7i2, that has been expended, except §2,914.
The cost of the road from l^cxington to Frankfort, as ascertain¬
ed by actual expenditure in part; by contracts in part, and estimates
in part, will be §347,050. The distance from Lexingion to Frank¬
fort, upon the route proposed for the location of the road, is near
twenty-eight miles. The estimated cost from Frankfort to Lou¬
isville, is §508,200; tlijc distance sixty-three miles, making the
whole distance about ninety-one miles, and the cost of the same
§915,250.
The average cost, per mile, from Lexington to Frankfort, is
§12,394. The average cost from Frankfort to I.ouisville is §8,741.
The President of the Company assured the committee, that he
had entire confidence in the accuracy of the estimates; and that
confidence was increased by the fact, that as far as they had fin¬
ished the road, the estimates Avere alwajs equal to the expendi¬
tures, and in some few instances aboA'e it.
E2
JOURNAL OF THE
T34
[Jan. 7,
The committee inquired, wliy it was that llie road would cost
less per mile I'rora Franklort to Louisville, than from Lexington to
Frankfort ? The reasons given hj the President were, that he ap-
pi ' hended that the damages tliat would be assessed to the owners
of land through which it passed would be less, and the gi’ading,
which was a heavy item of expenditure, would be much less.
On the unfuiishecl parts of tne road from the termination of the
first six miles, to Humphrey Marshall's farm, there has been ex¬
pended f ]:J,.55b 81.
The company is indebted $10,083 33; and their property in
iro.! rails, real estate, carriages, horses, &c. and mathematical in¬
struments, amount to $37,000.
As to the profits of the road for the transportation of the exports
and imports, passengers and the mail, the committee beg to refer
to the response of the President, in documeut (B.)
The coinpan}’ wishes to borrow .$300,000 upon the credit of the
State, and the State to enter security for the payment ol' the loan.
The company has opened no m gociations of a direct character to
obtain the loan; but they are ot opinion, that the money can be
borrowed at five per centum interest, in the city of New lork.
The principal to be reimbursed in twenty years from the date of
the loan. The indemnity the company oilers the State is this;
Tlie individual bonds of the Directors that the sum borrowed, to-
wit. $3U0,0U0 and $0110,''00 of the company’s own funds besides,
making in all, ,$900,000, shall be economically and judiciously ex¬
pended in making the road; that the road and all the company’s
property shall be mortgaged to the State to secure her from event¬
ual loss by reason of her going security.
The committee has no doubt, but that the security offered by
the company is amply sullicient, and the State will run no risk in
going security. The committee intends to offer no opinion upon
the question involved in the fate of the bill now before the Legis¬
lature, that is, whether it ought to pass or be rejected; but yet,
they cannot refrain from observing that to obtain a loan of
$300,000, and expend that in the country for the labor of the peo¬
ple and tlieir provisions, together with $100,000 of the company’s
own funds, the present year, would be sensibly and beneficially felt
by the whole country, particularly in those times of approaching
pecuniary embarrassments and pressure.
There are other considerations that have pressed themselves
upon the committee. The road, when done and in operation, will
clieapen the cost and charges of transportation, and as that is done,
in the same proportion do you increase the value of the articles
transported, and consequently, the land which grows the article.
Because in political economy it is a truism, that all cost and
clur.ges of bringing the growth of the land to market fall on the
land, and as you diminish the cost you increase the price of land;
Jan. 7.j HOUSE OF REPRESENTATIVES.
235
and by the same rule, as you increase the cost of transportation
you diminish the value of the laud.
Does the State owe nothing towards cherishing and fostering
the praisewortiiy and devoted enterprise of her citizens in such a
useful and laudable undertaking?
Other States are now on the proud march of improving their
internal condition by Turnpikes, Rail Roads, Canals, Ac. And
sliall Kentucky risk and liazard nothing to encourage her own cit¬
izens in such great, proud and noble enterprises? Do we not owe-
it to the stockholders to aid them witli our credit, and to prevent
the probable sacrifice of ,§'t)00,000 of private property, which will
be the result if the road is not finished, and without a loan, the
road cannot be completed? Kentucky in her sovereign character
stands in the attitude of a parent towards the individual stockhol¬
ders, and they have the claims of children upon her. Kentucky
has ever been among the foremost of the States in the race of
State pride, and fame. These noble sentiments made her, during
the last war, so freely shed her blood upon the ocean and the land.
And will not her character becompromitted by permitting this work
and undertaking to be abandoned, and so many of her citizens
ruined? The committee will not answer the above questions, but
leave it to the patriot and sage to answer, who is equally careful
of the interest and reputation of his State.
(A.)
Lexington, Dec. 13, 1832.
To Elisha I. Winter, President of the Lexington and Ohio Rail-Road
Company.
Sir—Tlie joint conimitfee of the Senate and House of Representa¬
tives, in obedience to a resolution of the two houses, assemuled at ihis
place on last night, conferrred together touching the oujects Uiat the Le¬
gislature had in view, and the information which was desired lythat
body; and to enable the connnittee to discharge their official duty, I am
directed to ask of you information upon the following su; jects:
1st. How much stock has been subscribed, and where do the stock¬
holders severally reside? [See answer No. 3.]
2d. Of the stock subscribed, how much has been paid in on each
share? [See answer 5, anil paper handed you.]
3d. How' much ot the road is completed, and how much of the un¬
finished partis commenced? [See answers Nos. I and 11.]
4. What has the road cost per mile, as far as the stime has been fin¬
ished? [See answer No. 1.]
5. How much labour has been done on that part which has been cf>m
meneed and is not completed, and what has been paid for he work on
that part of said road? [See answ^er No. 11, and Engineer’s Report.]
6. How much of the road is under contract, and at what prices?,
[See answer No. 1, and Engineer’s Report]
7. What wdll it cost to finish the road to the Kentucky River at
Frankfort per mile; and what will be the probable cost per mile from
236
JOURNAL OF THE
[Jan. 1 .
Frankfort to Loiiisvilic; and tlie distance to each place as surveyed.
[See answers No. 1 and 2.]
8. What amount of raw materials has the company on hand. [See
answer No. 7.]
9. The amount of debts and liabilities due from and incurred by the
company. [See answer No. 6.]
10. What sum does the company wish to borrow? Where does it
expect to obtain the loan; upon what terms and conditions? Is the
state to enter as joint obligor.s in the bonds to be given for refunding the
money borrowed, or is she only to pledge her failh as a state to see that
the contract, made liy the company in obtaining the loan, shall be com¬
plied with and fulfilled? [See answer No. 9.]
11. What is the indemnity which the company proposes to give the
state, to screen her against eventual loss in any engagements she may
make for the company. Be so good as to specify the full extent of in¬
demnity which the company can or will give?
As the state has no stock in the com|)any, an answer to the above
questions is not required, but respectfully requested.
I am with esteem, BEN. HARDIN, Chairman.
(B.)
To the honorable Committee appointed by joint resolution of the two
branches of the Legislature of Kentucky to examine the Lexington
and Ohio Rail-Road.
Gentlemen :—I have the honour of handing, annexed, a response to
the several interrogatories propounded to me through your chairman.
1. What will he the cost of the road from Lexington to Frankfort?
Ans.—The road from Lexington to Frankfort, as a convenient
arrangement, is divided into two divisions. The first di¬
vision is six miles in length, and is so near finished that the
cost can be accurately ascertained—say, ^50,000
The second division is under contract for grading as far as the
farm of H. Marshall, Esq. being 20 miles from the termi¬
nation of the first division. The aggregate amount of con¬
tracts is 107,000
The masonry is not all contracted for, but may be set down
safely at 17,500
The grading from H. Marshall’s farm to the Kentucky river,
to pass through one of the streets of Frankfort, will cost 16,000
To pass through Brown’s meadow, the cost will be less.
Twenty-two miles of superstructure at ^5,500 per mile, being
a little over what has been the actual average cost on the
first division of six miles 121,000
For damages, say 4,000
Total, ^315,500
Add 10 per cent folf contingencies, 31,550
137
JvN. 7.] HOUSE OF REPRESENTATIVES.
2. What will he the cost of the road from ^ranlfort to Louisville?
Ans.—1st, The bridge across the Kentucky river will cost gt}U,000
2cl, The grading to Louisville, including masonry 140,000
3d, superstructure sixty-three miles, at $5,500 per mile, 340,500
$510,500
Add for contingencies, 10 per cent. 51,030
$568,200
RECAPITTILATIOS.
Cost of the road from Lexington to Frankfort, 347,050
Cost of th6 road from Frankfort to Louisville, 568,200
Total, $915,250
Average cost, per mile, of the road from Lexington to Frankfort, 12,394
Average cost, per mile, of the road from Frankfort to Louisville, 8,741
Average cost, per mile, of the whole road, 9,841
3. What amount of stock has been subscribed to the road?
Ans.—The total amount up to this time, is $709,200
4. What amount of stock will j)robably be met, and what defaulted?
Ans.—The stock is thus held: in Lexington, includ¬
ing a small part in Philadelphia, New York, and
Frankfort, ' $481,200
At Louisville, 228,000
- $709,200
Out of the first named, the calls on ^436,600 have been
pretty regularly met. The calls have been but partially met
on $44,600.
There is held in Louisville, as above stated, stock to the a-
mount of 228,000
As we have not been calling on the Louisville subscribers,
in consequence pf the suspension of the work at that point, by
Reason of a refusal of the corporation to permit our road to pass
through one of the streets of the City, we have no accurate
test by which we can form an opinion of the probable amount
that will be paid; but judging *from the standing of the individ¬
ual subscribers, and their expression of a desire to see tire
work progress, I would suppose we might rely, with safely, on
aid to the amount of $175,000
And tliat the defalcations will not exceed, 53,000
-$228,000
RECAPITULATION.
Amount relied upon from stockholders, may be thus
classed: From Lexington, &,c. ^436,600
From Louisville, 175,000
-^ 611,000
JOURNAL OF THE
[Jan. 7.
•2JS
5. What amount has been paid in on the capital stock?
Ans.—There lias been jiaid in by sio^kholclers up to ihis time,
including ^4000 anticipated on the call now made, but not
finally due until the 10th of January, 123,712
Of which there has been expended, ^120,798
Balance in hand, 2,914
-gl23,712
0. What amount does the company ou;c?
Ans.—The company owes to H. Clay, for the purchase of
Tammany Mills, in water street, iritenrled to be occupied by
the company for work shops, in constructing their wagons,
carriages, and other machinery, ^5,000
To the town of Le.xington for the Lower Market-
house, rented to the company at ^200 per an¬
num, forever, equal to 3,333 33
In England, balance of contract for Gt50 tons of
iron, £450 sterling, equal to 2,000
To Bank U. States for lots for a depot, 350
-10,683 33
The company also owes for damages about ^'OOO. That amount has,
however, been handed to the Chief Engineer, to pay over to the claim¬
ants, anl, therefore, cannot be properly considered a debt. It is possi¬
ble there may be also due some small balance from the company to its
forwarding agents. O.tr contractors were paid up, according to con¬
tract, on the 1st of the present month. It is our invariable practice to
pay monthly.
7. What amount of property has the company on hand?
Ans.—We have 660 tons of iron here an', in Europe—(about
125 tons have been laid down)—on which has been paid,
Real estate, ^17,083 33
Less due on account, 9,033 33
Carriages, horses, &,c.
Mathematical Instruments,
$37,900
26,000
8,050
2,-500
1,000
8. What do you anticipate will he the net proeecds of the road when
completed?
Ans.—In answering this question it will be proper to remark,
that, with the exception of Fayette county, we have no ac¬
curate information on which to found an opinion. In the
year 1830, I ascertained that the town of Le.xington, in¬
cluding the manufactures in her vicinity, paid transporta¬
tion on 6000 tons to and from the Ohio river, at ^10 per ton,
average. The principal articles were,
Hemp and Hempen manufactures, 1500 tons.
_ 2400 hales of Cotton, part direct from
Jan. 7.] HOUSE OF REPRESENTATIVES.
renne.ssee and Alabama, but which
will be transferred to rail road, equal
IT ‘ r , 500 ”
Half that amount, at least, was retunied
to the Ohio inaaufacturccl, 250 ”
Salt, 400 5 )
AJI other afticle.s, 3,3,'jO ”
Tj 1 /T- 1 6,000 tons,
iiat Oie tralhck between Fayette county and the Ohio river
and intermediate points, may bo set down at 5000 tons at 20
cell's per 100 lbs, ’
Transportation for the counties of Clark, Madison, Bourbon
Jessanime, Scott, Woodfbrd, IVIercer, Garrard, Lincoln
irankiin, in the aggi-egate 2000 tons, at Hi cents per
100 lbs, ^
All the residue of the line, 1000 tons at 10 cents per 100 lbs
Iransiiortation round the Falls, 20,000 tons at 30 cents per
*5an half the price now paid,—say
20,000 tons at 30 cents per ton.
Transportation of mail.
For 60 passengers per day, between Portland and Louisville,
(that IS to say, 30 each way,) at 12i cents.
For 16 passengers per day, each way, maintained through the
line from Lexington to Louisville, at .f 3 50 each,
Charges on the above business, 25'per cent.
20,000
liuc iioni i^exingcon to i^ouisville, at .$3 50 each, 40,880
. .1 > , • . 83,617
i-Uiaiges on the above business, 25 per cent. 20 904
Net proceeds of the above business, 713
9. W/iat sum does the company teish to borrow, See f Ans —The
company requires and y ishes to borrow ^300,000, which, with the a-
mount subscribed and relied upon, to be prompdy met, is believed to be
^^cient o meet the expenditures necessary /n constructing a single
me ol rail-way from Lexington to Louisville. And the company expect
to (ditain a loan for that amount from the Eastern capitalists, on the
wi 5y a pledge of the faith and credit of the
■ tate, that the company will comply punctually with its cno-ao-ements
made in obtaining said loan. <-u^a,^emems
staff An '^°”'Vany proposes to give the
ment company proposes to give die state an assigii-
ment,by way ol mortgage, ol all their property of every description
and the individual bonds of the directors,*^ that the expendiurs of tlm
state shall guarantee. For a more full and perfect response to this in-
HousVof
The foregoing responses to the several interrogatories, propounded
J he honorable committee, is respectfully submitted; and it wUl afford.
'210 ' JOURNAL OF THE [Jan. 7.
me pleiisnre to give them any further information, if necessary, to aid
them in their deliberations.
1 have the lionor to be.
Very respectfully.
Your ob’t. servant,
ELISHA I. WLXTER,
Prcs'dt. Lex. Ohio Hail Hoad Co.
Lexington & Ohio Rail Road Office,)
Lexington, December 15, 1832. j
- Answer 11—There has been done on the 2nd division of the road
work to the amount of $42,556 86, up to the 17th instant. That is to
say—
In earth excavation, 136,221 cubic vards, ^32,622 81
In rock do. 7,610 ” ' ” 4,384 50
Of masonry, 4282 perches, 5,649 50
$42,556 81
Tlie above work is done on twenty sections of the second division,
there being, in all, twenty-three sections; three sections remain un¬
touched ; they are light, and will be taken uj) by those Contractors who
first finish their job.
For a detailed statement of the work done, the prices paid, &c., 1
beg to refer to the Engineer’s report, handed herewith.
It is proper to reniaik that the measurement of the work was accu¬
rately made up to the 1st instant, and as there has been as many hands
employed this month as was last; there has been added to last returns
half as much as was done in last month.
E. I. WINTER, Prcs'dt. S^c.
December 18, 1832.
Ordered, That the Public Printer forthwith print 150 copies
thereof, for the use of the members of this house.
Mr McAfee, from the committee of propositions and grievan¬
ces, reported a bill to add a small part of Caldwell county to the
county of Trigg; which was received and read the first time.
And the question being taken on reading the said bill a second
time, it was decided in the negative: and so the said bill was re¬
jected.
Mr. Ewing, from the committee for courts of justice, made the
following report:
The committee for courts of justice have, according to order,
had under consideration sundry petitions to them referred, and
have come to the following resolutions thereon:
1. Resolved, Tnat the petition of sundry citizens of Scott coun¬
ty, prajing that castration may be substituted in the place of hang¬
ing, as the punishment of a slave guilty of rape, be rejected.
2. Resolved, Tijat the petition of Edwin liord, praying that a
law may pass authorising wwits of eri'or to be combined in land
:?AN. 7.] HOUSE OF REPRESENTATIVES.
241
cases against several defendants, where the same title is involved,
be rejected.
3. Resolved, That the petition of sundry citizens of Wayne
county, praying that a law may pass authorising the sale of the
estate of Matthew Castillo, a lunatic, be rejected.
4. Resolved, That the petition of sundry citizens of Rockcas¬
tle county, praying that a law may pass authorising the appoint¬
ment of a magistrate on the East fork of Skegg’s creek, he rejec¬
ted, as an unconstitutional exercise of power on the part of the
legislature.
Which being twice read, was concurred in.
The Speaker laid before tlie liouse the annual report of the
managers of the Lunatic Asylum; wdiich is in the following words:
To tlie Honorable the General Asseinhhj of the Commonwealth of
Kentucky:
The report of the Commissioners of tlie Lunatic Asylum is respectfully
submitted;
In the annexed paper, marked A., is contained a list of the patients,
their age, sex, disease, from what county, and tlie date when received:
also, the number received since the establishment of this humane Insti¬
tution by your honorable body—shewing that,since then, 131 have been
restored to society and their friends, out of 353. During the past year
fort 3 f-five have been received: of whom, thirteen have been discharged,
si.x have died, and four have eloped. The number now iu the house is
©ne hundred and two.
The document marked B. exhibits the receipts and expenditures for
the last thirteen mouths—shewing that all the money appropriated and
received from other sources, has been e.xpended on the buildings and
support of the Institution.
To enable your commissioners to complete the paj'ments due, and that
will become due for the erection of the new wing, wash-house, and the
the support of the patients, &-c. it will require an appropriation of nine
thousand dollars.
All which is respectfully submitted,
JOHN W. HUNT,
RICHARD ASHTON,
R. HIGGINS,
JOHN BRAND,
THOMAS P. HART.
December 31,1832,
F2
i
JOURNAL OF THE
Zis( of Patients remaining in the Lunatic Asylum, Lexington,
Decemher, 1832.
Date. Disease. Sex. County, ^ge. JVo.
Slay 4, 1824’, Idiocy, Male, Fayette, 28 3
May 4, 1814, do Female, Breckenridge, 45 4
May 4, 1814, do Female, do 17 5
May 10, 1824, Slania, Male, Casey, 31 6
May 31, 1824, do Male, Scott,- 37 12
June 11, 1824, Furor, Female, do 33 IG
July 10, 1824, Mania, Female, Butler, 45 23
July 20, 18l4, Catamania, Female, Clark, 36 25
Oct. 23, 1824, Mania, Female, Madison, 27 40
Oct. 23, 1824, do Female, Jefferson, 41 41
Nov. 25, 1824, do Male, Fayette, 37 50
Jan. 25, 1815, Idiocy, Female) Shelby, 36 55
May 18, 1825, do Male, Wayne, 17 67
June 4, 1825, Mania, Male, Shelby, 31 70
June 1.5, 18.2.5, do Male, Warren, 33 73
Jidy 31, 182.5, Epilepsy, Male, Wayne, 27 77
Sep. 3, 182.5, Mania, Slale, Mississippi, 31 81
April 4, '826, Dolore, Male, Jefferson, 23 101
Aprd :4, 1826, Mania, Female, Harrison, 40 162
Oct. 21, '826, do Female, Jeffer.«on, 35 117
Oct. 2.5, 1826, do Male, do 48 125
Mar. 13, 1827, Dolore, Male, Fayette, 38 132
May 10, 1827, Epilepsy, Male, do 32 139
May 29, '827, Peur peril, Female, Washington, 53 140
June 13, 1827, Idiocy, Male, Pendleton, 29 144
June 29, 1827, do Male, do 27 147
July 7, 1827, ’ do Female, Fayette, ’48 149
Oct. 6, 1827, Mania, Female, Christian, 63 155
Nov. 2, 1827, Idiocy, Female, Breckenridge, 13 157
Nov. 23,1827, Mania, Female, Logan, 46 159
Dec. 23, '827, Dolore, Female, McCracken, 41 161
Feb. 15, 1828, Mania, Male, Mississippi, 43 165
April'0,1828, do Female, Barren, 43 161
April 18,1828, A potu, Male, Mercer, 3I 169
April 18, 1828, Epilepsy, Male, do 25 170
May 7, 1828, Marria, Female, Laurel, 30 173
' Jmre 23,1818, do Male, Fayette, 43 179
Jurn-30, 1828, do Male, do 33 IS*
July 20, 1828, Epilepsy, Female, Sperreer, .34 181
Aug 4,1828, Idiocy, Female, Wayne, 44 183
Oct. 2, 1828,- Mania, Male, Barton, 36 193
Nov. 21, 1828, Idioc 3 ', Female, Allen, 26 196
Dec. 4, 1828, Mania, Male, Logan, 34 199
Mar. 15,1829, do Female, do 43 20S
Apnl29,1829, A potu, Male, Jefferson, 21 208
May 30, 18 29, Mania, Female, Logan, 38 210
July 16,1829, do Female, Monroe, 37 217
July 25, 1829, do Female, Srmpsotr, 35 220
Sep. 5, 1829, Epilepsy, Female, Mercer, 17 224
Sep. 14, 18-29, Dolore, Female, Barren, 29 226
Sep. 20, '829, Mania, Female, Hopkins, 38 227
Oct. 16, 1829, Mania, Male, Fayette, 35 2.34
Nov. 7, 1829, do Female, Bourbon, 36 240
Mar. 12, 18.30, do Female, Scott, 28 245
April 21,18.30, do Female, Mercer, 54 249
May 25.18.30, do Female, Bourbon, 39 250
May 27, 1830, do Male, Mississippi, 26 2«I
iT
Jan. 7.] HOUSE OF REPRESENTATIVES.
Date.
June J4,; 830,
Sep. '2, 1830,
Oct. 2, 1830,
Oct. 14,1830,
Oct. 17, 1830,
Oct. 25, 1830,
Jan. 23, 1831,
Feb. 5, 1831,
Feb. 9, 1831,
April 11,1831,
April 12,1831,
AprillO, 1831,
April 20,1831,
May 2, 1831,
July IG, 1831,
July 28, 1831,
Aug. 5, 1831,
Aug. 16,1831,
Aug. 19,1831,
Sep. 19, 1832,
Sep. 20, 1831,
Oct. 15, 1831,
Oct. 23, 1831,
Nov. 21,1831,
Nov. 21,1831,
Dec. 11, 1831,
Jan. 10,1832,
Feb. 17, 1832,
Mar. 2, 1832,
Mar. 5, 1832,
Mar. 31,1832,
May 2, 1832,
July 9, 1832,
Aug. 21,1832,
Aug. 21,1832,
Aug. 22,1832,
Sep. 5, 1832,
Sep. 10, 1832,
Sep. 22, 1832,
Oct. 3, 1832,
Oct. 12,1832,
Oct. 19,1832,
Oct. 19,18,32,
Oct. 22, 1832,
Nov. 28,1832,
Disease,
Sex.
County,
Mania,
P’einale,
Mercer,
40
Epilepsy,
Female,
Simpson,
30
do
Male,
Mercer,
34
Mania,
Female,
Tennessee,
38
do
Male,
Ohio,
42
Epilepsy,
Female,
do
39
Mania,
Male,
Jeflferson,
25
do
Female,
Mason,
19
Epilepsy,
Male,
Fayette,
62
Idiocy,
Female,
Nicholas,
60
Mania,
Female,
Ohio,
52
Epilepsy,
iViale,
Garrard,
16
do
Male,
Madison,
21
Mania.
Male,
Pike,
42
Epilepsy.,
Male,
Mercer,
27
A poiu.
Male,
Breckenridg
T’ennessee,
e, 39
Mania,
Male,
51
do
Female,
Logan,
46
do
Female,
Mercer,
56
A potii,
Male
Fayette,
61
Idiocy,
Male,
Jefferson,
22
Epilepsy,
Male,
Simpson,
43
Mania,
Female,
Mason,
46
do
Male,
Fayette,
36
Idiocy,
Ma,le,
do
25
Mania.
Female,
Allen,
34
do
Femsile,
Garrard,
39
do
Female,
Bourbon,
35
Dolore,
Male,
Shelby,
24
Mania,
Male,
Bourbon,
26
do
Female,
Tennessee,
38
do
Male,
Campbell,
36
Apotu,
Male,
Fayette,
38
Epilepsy,
Male,
Mason,
33
Dolore,
Epilepsy,
Female,
Jefferson,
30
Male,
Harlan,
19
do
Male,
Madison,
27
Mania,
Female,
Owen,
20
Epilepsy,
Male,
T'odd,
29
Mania,
Female,
Clark,
30
do
Male,
Daviess,
35
do
Female,
Woodford,
25
do
Female,
Fayette,
35
A potu,
Male,
Mason,
Shelby,
47
Mania,
Male,
22
Remained in Hospital, 19th November, 1831, per last Report,
Of whom have since died, .....
eloped, ....
discharged, ....
13
2
7
Received since last Report, to 1st December, 1832,
-22
Of whom have died,
eloped,
discharged.
6
4
13
—23
843
JVo.
254
tibl
263
2G4
266
268
272-
273
274
279
280
282
283
285
290
291
294
295
296
301
302
305
307
309
310
311
316
319
321
323
328
333
335
338
3.39
349
341
343
345
346
347
348
349
350
353
102
45
147
Remain this 31st December, 1832,,
45
102
JOURNAL OF THE
Males 51
Females 51
Boarders 17
i^aupers 85
of whom are
From January, 1824, to 31st December, 1832,—Patiento received.
Of whom have died, - - - 99-
discharged, - - 131
eloped, - - - 21
Males 228 —
Females 125
Remain.
THE PATrETfTS ARE FROM THE FOLLOWING COUNTIES
Mason - - - -
-Vicholas - - . .
Ohio - _ . .
Owen - - , .
Pendleton - - , -
Pike - - - -
Scott - - - .
Shelby _ - - .
Spencer - - - -
Simpson , - - -
Todd _ - - -
Wayne, - - • .
Warren - - -
Washington - - .
Woodford - - - -
Allen,
Breckenridge
Butler
Barren
Bourbon
Casey
Clark
Christian
Campbell
Daviess
Fayette
Garrard
Harrison
Hopkins
Harlan
Jefferson
Logan
Laurel
Madison
McCracken
Mercer
Monroe
Mississippi
Tennessee
Receipt and Expenditure of the Lunatic Asylum, from ls< December.
1831 to 31s{ December, 1832.
Dec. 1, 1831. To balance on hand, as per last report, ^1932 25
Dec. 31, 1832. To cash received from boarders, 1454 01
To State appropriation, 10,000 00
for Provisions, g2G33 97
for Clothing, 1929 17
for Furniture, 164 14
Salaries and hire, 1431 85
for repairs, painting, &ix. 249 75
for medicine, & physicians salary, 325 12
for fuel, 989 26
for conveying patients, 97 79
for extras, 85 15
for erecting new wing, 5480 06
E. &, O. E.
l«xiugtou, 31st December, 1832.
./T.
Jan. 7.] HOUSE OF REPRESENTATIVES. ai5
Abstract of the Intromissions of John W. Hunt with the Funds of the Lunatic Asy¬
lum, as Chairman of the Board of Commissioners thereof.
He has received from the 1st Decenioer, 1831, to tlie 31st December,
1832, from the following sources, viz;
Balance in his hands, per report to General Assembly, $1932 25
From boarders in Asylum, 1454 01
The State appropriation, 10000 00
Total, $13,380 20
He has expended during the same periofl, according to vouchers, duly
authenticated and filed in the Asylum, for the following items, viz;
Provisions, $2933 97
Clothing, 1929 17
Furniture, 164 14
Salaries and hire, 1431 85
Repairs, painting, &.c. 249 75
Medicine, and Physician’s fee, 325 12
Fuel, 989 26
Conveying patients, 97 79
Extras, 85 15
Erecting new building, 5480 00
g 13,380 26
Ordered, That the said report be committed to the committee
raised on that part of the Governor’s message relating to said in¬
stitution.
Mr. Ewing, from the committee for courts of justice, to whom
was referred a bill to change the time of holding the November
term of the Casey circuit court: reported the same without amend¬
ment.
The said bill was then ordered to be engrossed and read a third
time.
And thereupon the rule of the house, constitutional provision,
and third reading of said bill having been dispensed wdth, and the
same being engrossed:
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
Ordered, That the clerk carry the said bill to the Senate and
request their concurrence.
Mr. Ewing, from the same committee, to whom was referred—
1 . A bill for the benefit of mechanics.
2. A bill to regulate the appointment of Deputy' Sergeants of
the Court of Appeals.
3. A bill from the Senate, entitled, an act to amend the law reg¬
ulating proceedings against absent defendants; and,
4. A bill to provide for the prosecution of j)leas of the Com¬
monwealth in the ninth judicial district: reported the same, with
an amendment to the third bill.
I
The first was recommitted to a select committee of Messrs.
Chilton, Delaney, W. Thomas and Culley; the third and fourth
were laid on the table.
And the question being taken on engrossing the second bill and
reading it a third time, it was decided in the negative: and so the
^aid bill was rejected,
Mr. Ewing, from the same committee, to whom w'as referred a
bill for the benefit of Silas W. Robbins and others: reported the
same without amendment.
The said bill (having been amended at the Clerk’s table) was
then ordered to be engrossed and read a third time to-morrow.
Mr. Chilton, from the committee, to whom was referred a
bill appropriating a portion of the vacant lands in the district
of country West of the Tennessee river to the building of bridges
in said district: reported the same with an amendment; which be¬
ing twice read, was concurred in. And the said bill, as amended,
ordered to be engrossed and read a third time to morrow,
Mr. Green presented the petition of Revise D, Barnes, praying
a divorce from her husband, David Barnes; and,
Mr. Thruston presented the petition of Flora N. E, Harding,
praying a divorce from her husband, Albert G. Harding.
Which were received, the reading dispensed with, and referred
to the committee of religion.
Mr. Chilton, from the committee on internal improvements, to
whom was referred a bill to provide for the improvement of the
road leading from the Lincoln county line, near William Cloyd’s,
in Casey county, to Wm. Jones’, by way of Laberty: reported the
same with an amendment; which being twice read, was concur¬
red in.
The said bill having been further amended, was, with the amend¬
ments, recommitted to the committee on internal improvements.
The following bills were reported from the several committees
appointed to prepare and bring in the same, viz:
By Mr McAfee, from the committee of propositions and griev¬
ances— 1. A bill authorising the several county courts of this Com¬
monwealth to permit gates to be erected on certain public roads.
By Mr Ewing, from the committee for courts of Justice—2. A
bill to legalize the appointment of certain constables, in Graves
county, at the November term, 1832. ,
By Mr Fulton, from the committee on military affairs—3. A
bill to legalize the proceedings of courts of assessment.
By Mr Gorin—4. A bill to authorise John Lewis to erect a mill-
dam and mill on Big Barren river, in Barren county.
By Mr S, H. Anderson—5. A bill for the benefit of the Bar-
boursville Seminary, in Knox county.
By Mr Harrison—6. A bill for the benefit of St. Joseph’s Col¬
lege, at Bardstown.
JOURNAL OF THE
[Jan. 7.
Jan. 1.\ house of REPRESENTATIVES.
Ml
By Mr Chillon—7. A bill defining the limits of the town of
Wasliington, Bullitt county, and for otlier purposes.
By Mr Anderson—8. A bill for the benefit of Morgan Forbes’
heirs.
Which bills were severally received and read the first time, and
ordered to be read a second time.
And thereupon the rule of the house, constitutional provision,
and second reading of said bills having been dispensed with, the
first and eighth were committed to the committee for courts of
justice; the third, to the committee on military affairs; the fourth,
to the committee on internal improvements; and the second, fifth,
sixth and seventh, were severally ordered to be engrossed and
read a third time.
And thereupon the rule of the house, constitutional provision,
and third reading of the second, fifth and sixth bills having been,
dispensed with, and the same being engrossed:
Resolved, I'hat the said bills do pass, and that the titles thereof
be as aforesaid.
Ordered, That the Clerk carry the said bills to the Senate and
request their concurrence.
Mr. Chilton, from the select committee, to whom was referred
a bill for the benefit of mechanics: reported the same witli an
amendment; which being twice read, was concurred in; and the
said bill amended to read as follows, viz:
Be it enacted by the General Assembly of the Commomuealth of
Kentucky, That from and after the passage of this act, every house-
carpenter, brick or stone-mason, plasterer, painter, mill-wright, or
ether mechanic, who may perform any labor within the line of Itis
art or profession, in putting up, building, finishing off, or repairing
any dwelling-house, barn, stable, or other house or building, affix¬
ed to the freehold; or in putting up, finishing off. or repairing any
chimney, portico, or other thing appendant to, and part of a house
er other building; or in building, repairiiig. or finishing off any
mill, cotton-gin, or other manufacturing establishment, affixed to
the free-bold, wlietlier the same be operated upon or intended to
be moved or operated upon by water, steam, horse, or other pow'-
er, shall, notwithstanding any sale, transfer, or other disposal
thereof, have a lien upon the same for the payment of his wages,
due and ow'ing, by reason of the performance of such work; which
lien shall be preferred to, and have precedence of all other liabil¬
ities or claims.
Be it further enacted, That where any mechanic shall have per¬
formed any work, contemplated by the first section of this act, and
obtained judgment and execution for his wages against his em-
« ployer, with a return of nulla bona thereon, or where the said em¬
ployer may be a non-resident, it shall be law'ful for said mechanic,
ar bis legal representative, to file his bill in chancery, setting, forth
JOURNAL OF THE
his judgment and the return of Ids execution, or the non-residence
of ids employer, togetlier witli his demand, making his employer,
his or her executor or administrator, and all others claiming title
to such house, mill, manufactory, or other building or establish¬
ment, on which said mechanic may have a lien, defendants, and
praying the chancellor to subject the same to the payment of his
demand; which suit shall be heard and determined, as other cases
of equity; and if the said demand be established, the chancellor
shall enter up a decree subjecting the said property on which the
lien exists, and execution thereon shall issue, as in other cases, and
the same bo sold for the payment of said demand.
Be it further enacted., That no mechanic shall have any such
lien, as is contemplated by this act, in any case where he may have
taken security from his employer for the payment of his wages,
,nor shall he be permitted to file any bill to enforce the same after
the expiration of eighteen months, from the time of finishing said
work: Provided, That no lien shall exist in any case where the
amount due to the mechanic does not amount to the sum of thirty
dollars: Provided, nroerthelcss. That in order to entitle such me¬
chanic to the lien allowed by this act, he shall, within twmnty days
after he shall have completed the work of his employer, wdiere the
value thereof shall exceed the said sum of thirty dollars, file in
the office of the clerk of the county court of the county in which
the work done shall be situated, a memorandum, setting forth the
work so done, and materials furnished by said mechanic, and the
amount due and unpaid therefor; which said memorandum shall
be recorded by said clerk, in a book, to be by him kept for that
purpose, and free for the inspection of any and all persons desir¬
ing to inspect the same: And provided, further. That this act shall,
in no instance, be so construed as to create a lien upon any prop¬
erty other than the work done and materials furnished; and that
the lien in favor of any such mechanic shall commence v/ith the
commencement of the work, and terminate in the event of his
failure to file the memorandum, as required by this act.
The question was then taken on engrossing the said bill and
reading it a third time; which was decided in the negative: and
50 the said bill was rejected.
The yeas and nays being required thereon, by Messrs, Ford
and Delaney, were as follows, viz:
YEAS—Messrs. Chilton, Copeland, Culley, Davidson, Delaney, Dun¬
lap, English, Faris, Gaines, Harris, Heady, Hill, Jennings, G. W. John¬
ston, Lee, Lockhart, McDonald, McFall, Matson, May, Megowan, Mor¬
gan, B. S. Morris, Murray, Nuttall, Patterson, Prince, Pryor, Rifle,
Rudd, Sanders, Short, E. Smith, W. Smith, Southgate, B. F. Thomas,
Thruston, WicklilTe, J. Williams, D. White, S. Young, and T. I. Young
-42.
/
Jan. 7.] HOUSE OF REPRESENTATIVES.
249
NAYS—^Mr. Speaker, Messrs. Alie!, A. Anderson, S. H. Anderson,
Bell, Boone, Bowling, Bro^\ii, Butler, Cliurcdull, Collins, Cook, Davis,
Ewing, Ford, Gorin, Green, Harrison, Hayden, Hauser, Henry, Hughes,
Innis, Jett, W. Johnson, Kennedy, Lucas, M-’Afee, Meriwether, Mont¬
gomery, D. Morris, Ozborn, Pendleton, Pierce, Scrivner, Seaton, Shanks,
Shepherd, Simpson, D. T. Smith, VV. Thomas, Ward, S. Williams, J.
White, Woolley, and Yates—46.
Leave was given to bring in the following bills:
On the motion of Mr S. Young—1. A bill to incorporate a Rail
Road Company from Bardstown to I.ouisville.
On the motion of Mr Harris—2. A bill to incorporate the town
of Alexandria, in the county of Cainbpcll, and lor other purposes.
On the motion of Mr I). White—3. A bill for the benefit of
Fanny Richardson and her cliildren.
On the motion of Mr Seaton—4. A bill to amend the road law,
so far as respects the county of Greenup.
On the motion of Mr May—5. A bill to regulate the payments
of the debts due the Bank of the Commonwealth.
On the motion of Mr B. F. Thomas—6. A bill to increase the
powers of the trustees o'f towms; and.
On the motion of Mr Hayden—7. A bill making an appropria¬
tion for building a bridge over Elkhorn, where the public road
from Frankfort to Owenton crosses the same.
Messrs. S. Young, Harrison, Sanders, Meriwether and Church¬
ill, were appointed a committee to prepare and bring in the first;
Messrs. Harris, Southgate and J. VV^hite, the second; the commit¬
tee for courts of justice, the third and sixth; Messis. Seaton, Pick¬
ett and D. Morris, the fourth; the committee of proposirions and
grievances, the fifth; and Messrs. Hayden, English and Steven¬
son, the seventh.
Mr. Gorin, from the select committee, to w'hom was referred
a bill from the Senate, entitled, an act to repeal in part an act
declaring Beaver Creek, in Barren county, a navigable stream;
reported the same without amendment.
And the question being taken on reading the said bill a third
time, it was decided in the negative; and so the said bill was re¬
jected.
Ordered, That the Clerk inform the Senate thereof.
Mr. McDonald moved the following resolution:
Resolved, hy the House of Representatives, Tliat the Governor be
requested to have a national salute fired on the public squai'e, at
sunrise, tomorrow', the 8th inst.. in honor of the officers and sol¬
diers who so bravely defended the cause of freedom, at New Or¬
leans, the Sth of January, 1815.
An amendment having been moved thereto:
G2
25# JOURNAL OF THE [Jan. 7,
It was then moved and seconded to lay the said resolution oii
the table until the lirst day of June next.
And the question being taken thereon, it was decided in the
affirmative.
The yeas and nays being required thereon, by Messrs. Brow*
and McDonald, were as follows, viz:
YEAS—Mr. Speaker, Messrs S. H. Anderson, Bell, Boone, Brown,
Butler, Chiitcin, Collins, Cook, Covington, Davis, Ewing, Paris, Gorin,
Green, Harrison, Hauser, Henry, Innis, Jennings, Kennedy, Lee, Lu¬
cas, Matson, Megowan, Morgan, B. S. Morris, D. Morris, Pendleton,
Pierce, Prince, Prj'or, Rifle, Rudd, Scrivner, Seaton, Shanks, Short,
Simpson, D. T, Smith, W. Smith. B. F. Thomas, Thompson, Thruston,
Wickliffe, S. Williams, Woolley, Yales, and S. Young—49.
NAYS—Messrs. Abel, A. Anderson, Bowling, Bramlett, Churchill,
Copeland, Culley, Davidson, Delaney, Dunlap, English, P'ord, Gaines,
Harris, Hayden, Heady, Hill, Hughes, G. W'. Johnston, W. Johnson,
Lockhart, M' Afee, McDonald, M -Fall, Ma.vey, May, Meriweihci;,
Montgomery, Murray, Ozixtrn, N ittall, Patterson, Sanders, Siieplierd, E.
Smith, Southgate, Stevenson, W. Thomas, W’^ard, J. Williams, D. White,
J. White, and T. 1. Young—43.
Mr. Prince, from the joint committee of enrolments, reported
that the committee liad examined an enrolled resolution ibr ap¬
pointing a joint committee to examine tlie government house, and
had found the same truly enrolled.
Whereupon the Speaker affixed his signature thereto.
Ordered, That Mr. Prince inform the Senate thqreof.
The house resumed the consideration of a bill to establish the
Bank of 1 .ouisville.
The second section of said hill was then read as follows, viz:
Sec. 2. That said hank sliall have and keep an Office of Dis¬
count and Deposite in the City of Louisville, and at no other place,
where its banking business sliall be transacted, and its books of
accounts, journals and records, shall be kept; and it shall be law¬
ful for said bank to loan money, buy, sell and negotiate bills of
exchange, checks, and promissory notes, and stocks in incorpora¬
ted companies, and to discount upon lianking principles and usa¬
ges, bills of exchange, post notes, promissory notes, and other ne¬
gotiable paper or obligations for the payment of a sum of money
certain; also (o issue hills or hank notes, payable to hearer on de¬
mand; and at its Office of Discount and Deposite, also to draw
and issue post notes and bills of exchange on individuals, compa¬
nies or corporations, payable to order, and at such place and at
such time or day as the Directors for tlie time being may deem
expedient: Provided, That it shall not be lawful for said bank to
Jan. 7.] HOUSE OF REPRESENTATIVES.
251
issue any bank notes, post notes, promissory notes, checks or or¬
ders, payable to bearer, or to any individual, or individuals, com¬
panies or corporations, of a less denomination than live do lars;
nor shall it issue any bills, notes, chocks or orders, payable to hear¬
er, other than such as are made payable on demand at its Ollice of
Discount and Deposile. 'i he promissory notes made payable to
the President, Directors and Company of the Bank of l^ouisville,
and by said bank discounted; and the promissory notes made pay¬
able and negotiable at the Bank of I ouisvillo, or at any other in¬
corporated bank in the City of Louisville; oral any (Iffice of Dis¬
count and Deposite of the Bank of the United States, in said city,
for the time being, and discounted at said Batdc of Louisville,
shall not he subject to sets-olf, nor their consideration impeached;
and all notes made payable at or discounted by the Bank of I.ou-
isville, shall stand on the same footing in law as bills of exchange.
Mr. Ewing then moved to amend said section by inserting after
l4ie word kept, in the fourth line, the following wa rds:
And within reasonable time after said piincipal bank shall go
into operation, it shall establish two Otiices of Itiscount and De¬
posite, at least, at two separate places in the state; one to be lo¬
cated at some suitable place on the South side of Green river, to
be selected by the President and Directors of the principal bank,
having due regard to centrical position, commercial advantages,
and bank accommodations, in that grand division of the state, with
a capital of not less than two hundred tiiousand dollars; and one
to be located on the North side of the Kentucky river, at some
suitable place, to be selected in like manner and with like regard
to centrical position, commercial advantages, and bank accommo¬
dations, in the northern grand division of the state, with a capi-
tal of not less than four hundred thousand dollars. And at each
of which said Offices of Discount and Dejmsite banking business
shall be transacted, and the books of accounts, journals, and re¬
cords of each office shall be kept.
And the question being taken on adopting the proposed amend¬
ment, it was decided in the negative.
The yeas and nays being required thereon, by Messrs. T. I.
Young and Ewing, were as follows, viz:
YEAS—Messrs. A. Anderson, Boone, Bawling, Cook, Copeland,
Crow, Covington, Ewing, Fulton, W. Johnson, Lockhart, Lucas, Mc¬
Afee, Maxey, May, M'.nlgomery, B. S. Morris, Patterson. Pendleton,
Shanks, Shepherd, D. T. Sinitli, Stevenson, W. Thomas, Ward, J. Wil¬
liams, S. Young, and T. I. Young—28.
NAYS—Mr. Speaker, Messrs. Abel, S. II. Anderson, Beil, Bram-
lett. Brown, Butler, Chilton, Churchill, Collins, Davidson, Davis, Dela¬
ney, Dunlap, English, Faris, Ford, Gaines, Gorin, Green, Harris, Har-
252
JOURNAL OF THE
[Jan. 7.
rison, Hayden, Hauser, Heady, Henry, Hill, Hughes, Innis, Jennings,
Jett, G. W. Johnston, Kennedy, Lee, M .Donald, MoFall, Matson, Mer¬
iwether, D. Morris, Oz'oorn,'Nattall, Pickett, Pierce, Prince, Pryor, lliffe,
Rudd, Sanders, Scrivner, Seaton, Short, Simpson, E. Smith, W. Smith,
Soutligate, B. F. Thomas, Thom[)son, Tliruston, Wickliffe, S. Williams,
D. White, J. White, Woolley, and Yates—(54.
Mr. B. F. Thomas then moved further to amend said bill by
attaching thereto the following as an additional section, viz:
Be it farther enacted, That no person, except a citizen of the
United States, shall, at any time be permitted to subscribe for,
hold, possess or enjoy any share or shares of stock in said institu¬
tion, directly or indirectly, by agent or otherwise; and if it shall
be made appear that any such person or persons shall, at any time,
hold, possess or enjoy any' such share or shares of stock, the same
shall become forfeited to this Commonwealth; and if such forfeit¬
ure shall accrue in consecjuence of information by any' individual,
such individual shall be entitled to one half of the stock so forfeit¬
ed; which forfeiture may be declared and adjudged by any court
of original jurisdiction of this state, upon satisfactory evidence
being adduced to them of the fact; and it shall be the duty of the
President and Directors, annually, to lay before the legislature, up¬
on oath, a list of the stockholders, with the amount of shares held
by each, and their respective places of residence; and no citizen
of the United States shall hold, in trust, any such share or shares
of stock foi’ another, not being a citizen of the United States,
without incurring the penalty o( forfeiture.
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon, by Messrs. B. F,
Thomas and T. I. Young, were as follows:
YEAS—Messrs. Abel, Bowling, Crow, Delaney', English, Fulton,
Head}', Hughes, Jennings, Jett, Lockhart, McAfee, Maxey', May, Meri¬
wether, Montgomery, Ozborn, Sanders, Shanks, Shepherd, E. Smith, B.
F. Thomas, W. Thomas, Ward, J. Williams, S. Williams, and T. I.
Young— i'l.
NAYS—Mr. Speaker, Messrs. S. H. Anderson, Bell, Boone, Bram-
lett, Brown, Butler, Chilton, Churchill, Collins, Cook, Copeland, Coving¬
ton, Culley, Davidson, Davis, Dunlap, Ewing, Faris, Ford, Gaines, Go¬
rin, Green, Harris, Hayden, Hauser, Henry, Hill, Innis, G. W. John¬
ston, W. Johnson, Kennedy, Lee, Lucas, McP'all, Matson, B. S. Morris,
D. Morns, Nuttall, Patterson, Pendleton, Pickett, Pierce, Prince, Pryor,
Rifib, Rudd, S'. rivner, Seaton, Short, Simpson, D. T. Smith, W. Smith,
Sruth^ate, Stevenson, Thompson, Thruston, Wicklifi'e, D. While, J.
YVhiie, Woodey, Yates, and S. Youngg—63.
T
HOUSE OF REPRESENTATIVES,
The previous question having been moved by Mr. Green, and
the call sustained by the house; the question was put on engross¬
ing the said bill and reading it a third time; which was decided
m tlie atiirmative.
The }eas and nays being required thereon, by IMessrs. Ewing
and Thruston, were as follows:
YEAS—Mr. Speaker, Messrs. Abel, Bell, Boone, Bowling, Bramlett,
Brown, Butler, Chiiiun, Churchill, Crow, Culley, Dunlap, English, Pa¬
ris, Ford, P’ulton, Gorin, Green, Harris, Hayden, Hauser, Heady, Hill,
Hughes, Innis, Jennings, G. W. Johnston, W. Johnson, Lee, Lockhart,
McDonald, Mi Fab, Matson, Ma.xey, M ty, Meriwedier, Montgomery,
Morgan, D. Morris, Murray, Ozhorn, Nattall, Patterson, Pierce, Prince,
Pryor, Rudd, Sanders, Seaton, Sheitherd, E. Sniiih, W. Smith, Southgate,
Stevenson, Thritston, Wicldifi’e, D. White, AVi;oriey, and Yates—GO.
NAYS—Messrs. S. H. Anderson, Collins, Cook, Copeland, Davidson,
Davis, Delane)', Ewing, Gaines, Harrison, Henry, Kennedy, Lucas,
McAfee, Megowan, B. S. Morris, Pend.let^.n, Riffe, Scrivner, Short,
Simpson, D. T. Smiih, B. F. Thomas, W. Thomas, Thompson, Ward,
J. Williams, S. Williams, J. White, S. Young, and T. I. Young—31.
And then the house adjourned.
TUESDAY, JAJVUARY 8, 1833.
Mr. D. White, from the committee to whom was referred, for
amendment, the rules of this house, m;ide the following report:
The committee to which the rules of the house were referred,
have, according to order, had the same under consideration, and
recommend the adoption of the following amendment:
That for the remainder of the present session, motions for leave
to bring in bills and resolutions, directing any one of the standing
tommittees to enquire into the expediency of a definite proposi¬
tion, may be made and introduced, within the time allotted for the
presentation of petitions, and before reports are called for.
Which being twice read, was concurred in.
1. The Speaker presented the petition of John D. Jones, pray¬
ing a divorce from his wife, Elizabeth, late Elizabeth Beavis.
'2. Mr. Prince presented the petition of the trustees of the town
of Princeton, praying that the powers of the trustees of said town
may be increased.
.1. Mr. Chilton presented the remonstrance of sundry citizens of
Laurel county, against the passage of any law to divert from the
improvement of the IMadison turnpike road any part of the funds
of said road to improve Moore’s road in said county.
T
JOURNAL OF THE
[Jan.
4. Mr. Butler presented the petition of Benjamin Miles, pray¬
ing the passage of a law to exempt him from the payment of the
tax on tavern license and all other taxes.
5. Air. S. 'SVilliams presented tlie petition of Elizabeth Barnes,
representing that her Inisband is, and has been for years past, a
lunatic; and that she is unwilling that he should be removed to
the Lunatic Asylum, ;ind praying an appropriation annually, out
of the treasury, of the sum of fifty dollars, for the support of her
husband.
(3. Mr. Fans presented the petition of sundry citizens oY Pu¬
laski county, praying that an increase may be made to the allow¬
ance of Hiram ( haney for keeping and maintaining Eliza Vance,
an idiot, in said county.
7. Air. McDonald presented the petition of sundry citizens of
AV'ashington county, praying the establishment of an Independent
Bank in the city of Louisville; and.
Air. Butler presented the petition of sundry citizens of Shelby
county, on the same subject; and,
8. Air. B. S. Morris presented the petition of Vachel Walden,
jailor of Bracken county, praying that an allowance may be made
him for the support of a runaway lunatic slave, confined in the
jail of said county; and for whose support he has been refused
payment by the county court of Bracken.
Which petitions were severally received, the reading dispens¬
ed with, and referred; the first, to the committee of religion; the
second, to a select committee of Alessrs. Prince, Hughes and
Thompson; the third, to the committee on internal improvements;
the fourth, to the committee of propositions and grievances; the
fifth, to the committee for courts of justice; the sixth, to the com¬
mittee of ways and means; the eight, to the committee of claims;
and the seventh was laid on the table.
Air. B. F. Thomas presented the petition of Thomas F. Hazle-
rigg, representing that at an election held for a representative to
serve in this house, from the counties of f.awrence and AIorgan,
in Deccml er last, to supply the vacancy occasioned by the resig¬
nation of Joseph Jones, he received a majority of the legal votes:
but that owing to the fraud of the sherlf of Lawrence, or some
other person, after the close of the polls, and previous to a com¬
parison of the votes, the poll books for Lawrence county were
altered, by adding additional names and votes, so as to give the
apparent majority to the returned member, Joseph R, Ward: and
praying to be admitted to take his seat in lieu of the member so
illegally returned.
Which petition was received, read, and with sundry certificates,
referred to a select committee of Alessrs. B. F. Thomas, Alay, T.
1. Aoung, Shepherd. Gorin, S. II. Anderson and Lee; giving said
committee power to send for persons, papers and records.
Jan. ».] HOUSE OF REPRESENTATIVES.
•iy",
Leave was given to bring in the following bills;
On the motion of Mr Uavis—1. A bill to amend the law coii-
eerning alimony.
On the motion of Mr J. Williams—2. A bill to change the
place of voting in the Claysville precinct, in Harrison county, at
the town of Claysville.
On the motion of Mr Harris—3. A bill for the benefit of John
Marshall and others.
On the motion of Mr Covington—4. A bill to repeal certain
sections of an act incorporating the Green and Barren river Nav¬
igation Company.
On the motion of Mr Meriwether—5. A bill further to amend
the execution laws of this Commonwealth.
On the motion of Mr D. Morris—0. A bill regulating the fines
and forfeitures in the county of Mason.
On the motion of Mr Paris—7. A bill for the benefit of Wil¬
liam Sears.
On the motion of Mr Shepherd—8. A bill to continue in force
an act, approved Jan. 21, 1827, establishing the town of Vance-
burg, in I.ewis county.
On the motion of Mr Maxey—9. A bill to appropriate the fines
and forfeitures in Monroe county in aid of the county levy.
On the motion of Mr B. S. Morris—10. A bill to amend an act
entitled, an act to establish a fire company in the town of Augusta.
On the motion of Mr E. Smith—11. A bill to establish libra-
Fies in the counties of Rockcastle and Laurel.
On the motion of Mr Boone—12. A bill to amend the law in
relation to the appointment of the clerks of the circuit courts.
On the motion of Mr Jennings—13. A bill providing for the
appointment of trustees of the Hancock Seminary, and for other
purposes.
IMessrs. Davis, J. White, WickliTe and Thomas, were appoint¬
ed a committee to prepare and bring in the first; Messrs. J. Wil¬
liams, Patterson and W. Johnson, the second; Messrs. Harris,
Southgate and Pickett, the tliird; Messrs. Covington, Gorin and
Chilton, the fourth; Messrs. Meriwether, Gorin and Thruston, the
fifth; Messrs. D. Morris, Pickett and Lee, the sixth; Messrs. Pa¬
ris and Dunlap, the seventh; Messrs. Sheplierd, B. F. Thomas
and Hauser, the eighth; Messrs. Maxey, Bramlett and Montgom¬
ery, the ninth; Messrs. B. S. Morris, Kennedy and G. W. John¬
ston, the tenth; the committee on education,'the eleventh; the
committee for courts of justice, the twelfth; and Messrs. Jennings,
Crow and Lockhart, the thirteenth.
The Speaker laid before the house the annual report of the
Board of Internal Improvement for Shelby county, which is in
the following words:
256
JOURNAL OF THE
[Jan. 8.
To the Legislature of Kentuchy.
In obedience to the requisitions of the act to constitute a Board of In¬
ternal Improvement for Shelby county, approved January 15th, 1831,
the undersigned, as chairman of said board, begs leave to submit the fol¬
lowing as their annual report, for the year 1832:
The statute which fost incorporated said board was enacted in Janu¬
ary, 1830; they commenced their operations in the summer of the same
year. They have, since that time, constructed within the county of
Shelby something upwards of fifteen miles of first rate M’Adam’s turn¬
pike road, upon a grade, at no point, exceeding an elevation of three de¬
grees; five miles of which turnpike, is just completed and thrown ojien
for public accommodation.
Thus, the board has the pleasure of announcing to the Legislature, as
to kind patron.=, from whom they have received their origin and powers
of public usefulness, that there is now an uninterrupted chain of turnpike
road, commencing at the city of Louisville, and terminating five and a
half miles east of Shelbyville, on the road to Frankfort; being a dis¬
tance of thirty-five and a half miles, and approaching wiihin fiPeen
miles of the capitla; about six and a half of w'hich fifteen miles, lie with¬
in the limits of Shelby county; the remainder within Franklin county.
For so much of said unfinished road as is within the county of Shelby,
the board have, by unusual exertion, obtained by private subscription of
stock, an amount ecjual to one half the sum required for the completion
of the work; and they are authorised to say, in relation to so much as
IS within the county of Franklin, that a company of enterprising citizens
have already pledged themselves to take fifty per cent, of the stock.
If, therefore, the state, acting upon the principle hitherto on various oc¬
casions adopted and pursued b^ its representatives, in relatif n to this en-
terprize, wall subscribe for one half of the stock in the unfinished part
of said road, you will have (ho satisfaction, at your next annual session,
of seeing fifty miles of superior turnpike road, connecting the capital
of your state with the city of Louisville, that great capital of your com¬
merce, completed, and thronged with delighted passengers, travelling in
every variety of vehicle, probably not even excepting itcam carriages.
But on the other hand, if it should seem proper, in your judgment, to
renounce the principle sanctioned by your (ircdecessors, and to withhold
any farther patronage from this now prosperous and almost perfected
enterprize, you will behold what is but too common a spectacle in Ken¬
tucky, a great undertaking partially finished and abandoned, a monu¬
ment of the flucti;ating purposes and imbecile policy of our councils.
You will, however, before you consent to a farther investment of die
utriumm
Jan. 8.] HOUSE OF REPRESENTATIVES. 257
public funds in this road stock, naturally be led to inquire, what are its
ividends. What is its average cost per mile, and what interest does it
yield upon that amount? To these interrogatories we will yield answers,
m which we will endeavor to be candid and uninlluenced by our desires
to secure your farther aid.
The average cost of the road, per mile, has been $4,000. The re¬
ports made to your honorable body at your two last sessions, being refer¬
red to, will shew upon that amount of e.vpenditure, per mile, a dividend
exceeding ten per cent. But it is our duty to report the dividend since
we liave become members of the board.
On the 7th day of December, 1831, the second toll gate was erected
upon the turnpike, constructed in Shelby county. The tolls received
fiom the two gates, calculating one from the 21st of November, 1831
and fhe other from the 7th of December, 1831, up to the 21st of Novem¬
ber, 1832, amount to the sum of $3,102 08.
This sum, you will perceive, is about eight per cent, upon the capital
invested, allowing nothing for expenditures or drawbacks, in the way of
gate-keeper s salaries and repairs. The latter item of which is alwL.
35S JOURNAL OF THE [Jan. S.
* Resokp.ri, That the committee of ways and means be instructed
to enquire into the expediency of passing a law authorising the
a^ipropriatioz), under existing laws^ of such lauds as have been for¬
feited to the Commonwealth, for the non-paynzent of tax.
Which being twice read, was adopted.
On motion of Mr. B. F. Thomas:
The report of the committee of propositions and grievances,
rciectine: the petition of sundry citizens ol Daviess county, pray¬
ing to change the place of voting in an election precinct in said
county, was reconsidered; and the same was recommitted to a se¬
lect committee of Messrs. B. F. Thomas, Lockhai't and Crow.
Mr. ’'.wine;, from the committee for courts of justice, reported
a bill giving the officez's of the Court of Appeals liens for their
fees; which was received and read the first time.
And the question being taken on reading the said bill a second
time, it was decided in the negative: and so the said bill was re-
^ The following bills were reported from the several committees
appointed to prepare and bring in the same, viz:
By Mr Covington, from the committee for courts of justice I.
A bill for the benefit of Benjamin F. Orear.
By Mr Stevenson, from the committee of religion—2. A bill for
HOUSE OF REPRESENTATIVES,
eighth and eleventh, to tlie committee on internal improvemenis;
the tenth, to the committee tor courts of justice; and the Iw ellih,
to a select committee of Messrs. Chilton, J. vVilliams and ; i iriis,
And thereupon the rule of the house, constitutional provisinii,
and third reading of the second, third, fourth, tilth, seventh and
ninth bills having been disjiensed with, and the same being en¬
grossed ;
Rrsolvcd, That the said bills do pass, and that the titles thereof
be as aforesaid.
The yeas and nays being required on the passage of the second
bill, liy 'iessrs. f ollins and Stevenson, were as follows:
YEAS—Messrs. Beil, Boone, Bawling, Chilton, Churchill, Cook,
Cuiieiand, Crow, Cuiley, Uavis, Dunlap, English, Earis, F'.nh Fukon,
Gorin, tlai rif, Hayden, Hauser, Heady, Hill, Hughes, Jennings, Jett,
G. VV. Johnston, W. Johnson, Lee, Lockhart, Lucas, M'Afee, M' Fall,
Mitson, Ma.vey, May, Meriwether, Montgomery, Morgan, B. S. Morris,
Murray, Nuttall, Patterson, Pryor, llifte, Rudd, Samiers, Shanks, Short,
D. T. Smith, E. Siriidi, VV. Smidi, S evenson, B. F. Thomas, Thompson,
Thruston, Ward, J. Williams, S. Williams, D. White, S. Young, and T. I.
Young—80.
NAYS—Mr. Speaker, Messrs. Abel, S. II. Anderson, Brown, Butler,
Collins, Covington, Delaney, Gaines, Innis, Kennedy, Megowan, D.
Morris, Ozborn, Pendleton, Pickett, Pierce, Prince, Soiivner, Seaton,
Shepherd, Simpson, W. Thomas, Wickliffo, Woolley, and Y'^ates—28.
Ordered, That the Clerk carry the said bills to the Senate, and
request their concurrence.
The amendments proposed by the Senate to a hill which ori¬
ginated in this house, entitled, an act for the benefit of Eenjtimin
Robinson; were twice read and concurred in.
Ordered, That the i’lerk inform the Sejiate thereof.
An engrossed bill entitled, an act to provide for the erection of
a bridge across Main Eagle, on the state road leading from l.ex-
ton to Ghent; was read a third time.
Resolved, That the said bill do pass, and that the title thereof
he as aforesaid.
The yeas and nays being required on the passage of said bill,
by Messrs. W. Thomas and Hayden, were as lollows, viz:
YEAS—Mr. Speaker, Messrs. ChiiiOii, Covington, Davis, Delaney,
Dunlap, English, Paris, Gaines, Harris, Harrison, Haveen, Hauser,
Heady, Hill, Innis, G. W. Johnston, W. Jolinson, Kenr.e !v, Lee, Me-
2G0
JOURNAL OF THE
[Jan. y.
NAYS—Messrs. Abel, S. II. Anderson, Bell, Boone, Bowling, Chur¬
chill, Collins, Cook, Copeland, Crow, Culley, Davidson, Ewing, Ford,
Fulton, Gorin, Henry, Hughes, Jennings, Lucas, McAfee, Maxey, Me-
gowan, Montgomery, Morgan, Ozborn, Patterson, Pendleton, Prince,
Scrivner, Shanks, Shepherd, Simpson, W. Thomas, Thompson, Wick-
lilfe, J. Williams, Yates, and T. I. Young—39.
Ordered, That the Clerk carry the said bill to the Senate and
request their concurrence.
Mr. Gorin then moved to take up for consideration a bill from
the Senate, entitled, an act to divide this state into congressional
districts.
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon, by Messrs. Gorin
and-, were as follows, viz:
YEAS—Messrs. S. H. Anderson, Boone, Chilton, Collins, Cook, Cope¬
land, Covington, Davidson, Davis, Ewing, Faris, Gaines, Gorin, Harri¬
son, Hauser, Henry, Hill, Hughes, Jennings, W. Johnson, Kennedy,
Morgan, B. S. Morri.s, D. Morris, Patterson, Pendleton, Pickett, Pierce,
Prince, Riffe, Scrivner, Short, Simpson, D. T. Smith, E. Smith, Steven¬
son, B. F. Thomas, W. Thomas, Thompson, Wickliffe, J. White, Wool-
ley, S. Young, and T. I. Young—44.
NAYS—Messrs. Abel, Bell, Bowling, Brown, Butler, Churchill, Crow,
Culley, Delaney, Dunlap, English, Ford, Fulton, Harris, Hayden, Hea¬
dy, Innis, Jett, G. W. Johnston, Lee, McAfee, McDonald, McFall, Mat-
son, Maxey, May, Megowan, Meriwether, Montgomery, Murray, Oz-
born, Nuttall, Pryor, Rudd, Sanders, Seaton, Shanks, Shepherd, W.
Smith, Southgate, Thruston, J. Williams, S. Williams, D. White, and
Yates—45
An engrossed bill entitled, an act to incorporate a company to
establish a turnpike road from I.ouisville by the mouth of Salt
river, Elizabethtown, Munfordsville, and Bowlinggreen to the state
line, in a direction to Nashville; was read a third time.
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
The yeas and nays being required on the passsage of said bill,
by Messrs. Davidson and Chilton, were as follows:
YEAS—Messrs. S. H. Anderson, Bell, Boone, Brown, Butler, Chilton,
Churchill, Collins, Cook, Copeland, Crow, Covington, Culley, Davis,
Delaney, Dunlap, English, Ewing, Faris, Gaines, Gorin, Harris, Harri¬
son, Hayden, Hauser, Heady, Henry, Hill, Innis, Jennings, G. W. John¬
ston, W. Johnson, Kennedy, Lee, Lucas, McFall, Matson, May, Me-
Jan. 8.] HOUSE OF REPRESENTATIVES.
2G1
gowan, Meriwether, Morgan, Pendleton, Pickett, Pierce, Prince, Pryor,
Rifle, Rudd, Scrivner, Seaton, Shanks, Sliejdierd, Shor:, Simpson, D. T.
Smitli, E. Sinifli, W. Smith, Soiitligate, B. F. Tiioinas, Thompson, Thrus-
ton, VVicklilFe, S. Williams, D. White, J. White, Woolley, Yates, and S,
Young—68.
NAYS—Messrs. Abel, Bowling, Bramlett, Davidson, Ford, Hughes,
Jett, McAfee, McDonald, Montgomery, Ozborn, Nuttall, Sanders, W.
Thomas, J. Williams, and T. 1. Young—16.
Ordered, That the Clerk carry the said bill to the Senate and
request their concurrence.
An engrossed bill entitled, an act to change the time of the
meeting of the legislature; was read a third time.
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
The yeas and nays being required on the passage of said bill,
by Messrs. Davis and Ewing, were as follows, viz:
YEAS—Messrs. S. II. Anderson, Bell, Boone, Brown, Butler, Cook,
Copeland, Crow, Culley, Davis, Delaney, Dunlap, Ewing, Faris, Ford,
Gorin, Green, Harrison, Heady, Hill, Hughes, Innis, Jennings, G. W.
Johnston, Lee, McFall, Matson, May, Megowan, Morgan, B. S. Morris,
D. Morris, Nuttall, Patterson, Pickett, Prince, Rifle, Rudd, Seaton,
Shanks, Shepherd, Short, D. T. Smith, E. Smith, W. Smith, Stevenson,
W. Thomas, Thompson, Thruston, J. Williams, S. Williams, and Wool-
ley—52.
NAYS—Mr. Speaker, Messrs. Abel, Bowling, Bramlett, Chilton,
Churchill, Collins, Davidson, English, Gaines, Harris, Hayden, Hauser,
Henry, Jett, W. Johnson, Kennedy, Lockhart, McAfee, McDonald, Max-
ey, Meriwether, Montgomery, Ozborn, Pendleton, Pierce, Pryor, San¬
ders, Scrivner, Simpson, Southgate, B. F. Thomas, Wicklifie, b. White,
Yates, S. Young and T. I. Young—37.
Ordered, That the clerk carry the said bill to the Senate and
request their concurrence.
, An engrossed bill entitled, an act to aulhorise the collection of
certain oflicers’ fees from those about to leave this Commonwealth;
was read a third time.
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
The jeas and nays being required on the passage thereof, by
Messrs. Nuttall and S. Williams, were as follow'S, viz:
YEAS—Mr. Speaker, Messrs. Boone, Brown, Butler, Chilton, Chur¬
chill, Collins, Cook, Dunlap, Ewing, Faris, Gaine.s, Gorin, Green, Har¬
ris, Hauser, Heady, Henry, Innis, Jennings, G. W. Johnston, Kennedy,
Lee, Lucas, Marshall, Maxey, Megowan, Meriwether, Morgan, B. S.
9(32
JOURNAL OF THE
Morris, Patterson, Pcndlett-n, PickeU, Pierce, Prince, Pryor, Rifib, Rudd,
Scrivner, Seaton, Shanks, Short, Simpson, D. T. Smi h, W. Smith, South-
gate, B. P. Thomas, VV. Thomas, Thompson, Tliruston, VVickiilib, J.
Williams, S. Williams, D. White, Woolley, and '1'. 1. Young—50.
NAYS—Messrs. Aiiel, S. (I. Anderson, Rjwling, Bramiett, Copeland,
Crow, Covington, Culley, Davidson, Davis, Delaney, English, Ford, Ful¬
ton, Harrison, Hayden, Hughes, Jett, W. JcJinson, M(;Afee, Montgom¬
ery, D. Morris, Murray, Ozoorn, Nuttali, Sanders, Shepherd, Steven¬
son, and J. White—^29.
Ordered, That the Clerk carry the said bill to the Senate and
request their concurrence.
The following engrossed bills were severally read a third time:
1. An act to improve the road leading from MonticelloTo the
state line, in a direction to Monroe, Tennessee; and,
2. An act concerning the county of Meade.
Resolved, That the said bills do pass, and that the titles thereof
he as aforesaid.
Ordered, That the Clerk carry the said bills to the Senate and
request their concurrence.
A bill from the Senate, entitled, an act to add a part of the
county of Oldham to the county of Shelby, was read a third time.
Resolved, That the said bill do pass, and that the title tliereof
be as aforesaid.
Ordered, That the Clerk inform the Senate thereof.
A message from tlic Governor, by Mr. Sanders, Secretary of
State.
Mr. Speaker :—The Governor did, on the 3d instant, approve'
and sign an enrolled bill, which originated in this house, entitled,
an act to regulate the Jellerson and Oldham circuit courts.
And did, on the tth instant, approve and sign enrolled hills,
which originated in the same, of the following titles:
An act to authorise the recording of deeds remaining unrecor¬
ded in the clerk’s office of the Logan county court, at the death
of the late clerk.
An act to change the place of voting in the Caney precinct, in
the county of Ohio.
An act to change the mode of publishing the decisions of the
Appellate Court.
An act for the benefit of Dorcas AYorley.
An act to authorise Edward Turner to erect a mill-dam and
mill on the middle fork of the Kentucky river, in Clay or Ferry
county.
An act for the benefit of the jailor of T.ogan county; and.
An act to establish an election precinct in Barren county.
Ordered, That the Clerk inform the Senate thereof.
And then the house adjourned.
Jan. 9.] HOUSE OF REPRESENTATIVES.
2C3
WEDJ^ESDAY, JAJVUMRY 9, 1833.
The Speaker laid before the house a letter addressed to him bj
John C. Mossie, soliciting the use of Ihe Representative Cham¬
ber, on Thursday evening next, for the purpose of delivering a
lecture; which was received and read.
Wheieupon, permission was granted accordingly.
Mr. Marshall, from the select committee, to whom was referred
the Governors message, of the 22nd ultimo, made the following
report:
The select committee of the House of Representatives, to whom was
referred the message of his Excellency, die Governor, transmitting the
documents w'hich contain the proceedings of the Convention lield at Co¬
lumbia, in Soiuh Carolina, in November last, have examined those pa¬
pers widi much care, and beg leave respectfully to report to the house
the views they have taken thereon:
The Convention have declared that the existing law's of the Uiii'cd
States, im|)osing duties upon the importation of foreign commodities into
the United States, are iniquitous in their principle, and most oppressive
and ruinous in their operation; and, moreover, a palpable infraction of
the Federal Compact. They have proceeded to decide, authoritatively,
that these laws are in violation of the Constitution of the United States,
and therefore, null and void; and have directed a course of measures
to the Legislature of that state, by wdiicli their operation may be ob¬
structed within the territorial limits of South Carolina. In the address
to the States, a scheme of general taxation is submitted, with a distinct
understanding that it is a concession on the part of South Carolina,
which, if promptly met, and in a becoming manner, will be made by her
to preserve the Union; and that scheme is, “that the same rate of duty
Slay be imposed upon tlie protected articles that shall be imposed upon the
unprotected, provided that no inijre revenue be raised than is necessary to
meet the demands of the government for constitutional purposes; and
provided, also, that a dut)', substantially uniform, be imposed upon all
foreign articles.” It is abundantly obvious, that South Carolina reserves
to herself the right of determining whc.t are “constitutional objects;”
and should the principle of discrimination in the import system be aban¬
doned, there is no certainty that the future revenue law's would not be
nullified. In the proviso for a substantial uniformity in duties upon all
foreign imports, it is impossible not to see a field at once laid open for
future disputation and differences. If the intentions of South CarolinU
be really to prevent future difficulties, she should define, with certainty,
what are the “constitutional purposes” for which revenue may be
raised. The states should, also, require that the distinction be
clearly drawn between an apparent and “substantial tmiformity” in
the duties imposed upon all foreign imports. The Constitution of the
United States declares, that “a 11 duties, imposts and e.xcises shall be
uniform throughout the United States:” and your committee are under
tke impression that the requisition is complied with in the present sys-
JOURNAL OF THE
tem. The distinction taken, in the proposition made to the states, would
seem to imply, that where a duty was laid upon an article of foreign
growth or manufacture, a corresponding tax should he imposed upon
similar articles of domestic production. The effect of such a principle
is too obvious for coimnontary, and elFectually destroys any hope tlie
friends of American manufactures might derive from the first branch of
tlie proposition, allow ing the same rate of duty to be imposed upon pro¬
tected articles that should be imposed upon unprotected. It would be a
great abuse of terms to call any article protected, when loaded with an
excise equal to the duty imposed upon its foreign rival. This were not
only to forbid die laying a duty, with a view to protection, but to prohibit
such incidental protection as would arise from the imposition of duties
laid with a sole view to revenue, and adjusted to that standard.
It will not be expected of the committee to enter upon the debated
ground of the tariff. They may be permitted, however, to observe, that
they can scarcely reconcile the operation of that system, as described
in die South Carolina addre.ss, with the increatie of our navigation, and
the extension of our mercantile operations, ascomiiiuiiicated by the Pres¬
ident of the United States in his message to the present Congress, or the
flourishing state of internal trade whii'h we know to exist. The Presi¬
dent says, •'“the returns which have been made out since we last met
will shew an increase, during the preceding year, of more than 80,000
tons in our shipping, and of near ^40,000,000 in the aggregate of our
imports and exports.” This picture of growing prosperity, is scarcely
compatible with a system which is represented as spreading ruin and
desolation over every class of the community, except a few capitalists en¬
gaged in manufactures, prematurely begun and artificially sustained.
It cannot be reconciled with the depre.ssion of agriculture, or the idea
that that portion of the United States which furnishes almost the whole
export upon which foreign trade is based, is ground into poverty and in¬
significance by an oppressive government.
The committee are unable to perceive that the whole amount of duties
falls upon southern pr.jductit'ns. They believe that the people of South
Carolina j)ay, like the people every where else, the i)eople of the man¬
ufacturing states as well as others, in proportion to their consumption.
The committee believe ffiat the people of this Commonwealth have
considered the tarilf, .so fur as it operates the encouragement of Amer¬
ican manufactures, as a national measure, contributing to our strength
and independence, and as a measure decidedly of prospective de¬
fence. That its ultimate effect is to develope, to the uttermost, the
great natural resources of our country, to enlarge ihe sphete of our
domestic industry and domestic commerce, and to accelerate our advance
to that point of opulence and power, which tlie peculiar advantages of
our situation would seem to indicate. Free trade prevails between 'he
.states of this union. The Constitution provides for the unrestrained cir¬
culation of commodities, throughout this vast continent. And we can¬
not hut believe that die permanent residence of the mech.inical arts, in
any part of it, will he favorable to every bran.’h of industry, in every
other part of it. Arts and manufactures require encouragement: they
have flourished most in those countries where the government has ex-
HOUSE OF REPRESENTATIVES. 2G5
have they rewarded, in their matured
lich shielded their infancy. In the full
11 odier counti'ie.s, at what conceivable
ceivable state of things, could individu-
iiiaided, into a contest in which the power
ould certainly be dirown into the
iple of protection, is to prohibit
without
perfection in wide
point of time, or u
al enterprize and(
and resources of foreign governments w
scale against them. Todeny the princt]
manufactures forever to the United States.
Your committee, wi hout going further into this subject, or
undertaJdng to decide the extent to which protection ought to be aliorded,
would remark, that the proposition from South Carolina, should have
been made rather in the nature of a remonstrance to Congress, than in
the character of an address to the state governments. It is in the style
of a proposition for a commercial treaty between sovereign stales, in which
she lavs down her ultimatum, and threatens that, unless it be met speed¬
ily she will dissolve the political connexion already subsisting between
the American states. In the view of your committee, that connexion
is already dissolved, so far, at least, as the Ordinance of South Caroli¬
na can effect so portentous an event. In the view of your committee,
tlie provisions of that Ordinance, and the principles upon which those
who framed it have chosen to rest, its vindication, are in direct violanon
of the Constitution of the United S-ates, and if sustained, are mimedi-
atety subver.^ive of .he American Republic, ffhough, fioni thethet.ne
assumed by Carolina in her address to the states, there is little hope
that persuasion or reasoning will produce any^ effect upon her: your
committee hav'e still thought that, in a crisis so momentous, we should spread
our constitutional opinions upon the archives of 1 * 111 * state.
South Carolina, under the lead of her ablest statesmen in 1832,
proclaims a law, laying a duty with a view to protection, and all appro-
pri-dtions for the purposes of internal improvement to be plain, palpable
violations of the federal compact, and atrocious usurpations uiion the
part ofthe general government—a system of legislative plunder, rivetted
upon her by an irresponsible despotism.
In 1810,”this very state, by her champion in Congress, recommends
to the general government, the protection of manufactures, with a force
of argument not easily resisted.
In 1810, the same talented champion of the South recommends “a
judi^'ious sy'siem of roads and canals, constructed for the convenience of
commerce ^^such a system,^^ says j\lr. Calhoun, in his leport on roads
and canals submitted to Congress on the 7ih .lanuary, 1810, from the
department of war, “such a system, by consolidating our union, increas¬
ing our wealth and fiscal capacity, would add greatly to our resources in
war.”
It is of the last importance that judicial decisions should be uniform.
If the nation depended for its constitutional law upon South Carolina, it
must be confe.ssed that the precedents would be found in irreconcileable
conflict. In truth, she led most prominently, in the initiation of that
system, to put down which, she would now rend the union.
The Convention, however, affirm that nullification, or the ri-lit of a
state to pronounce an authoritative judgment upon the constitutionality
26G
JOURNM. nr Tirr
of a Jaw, is a riglit iiii.lor ilic consfitiition. Tlicy deny tlmt this is a
i^voJuti .iiary nioveineii.. They disclaim the idea of rcLeilion. As the
Ordinance is the only existing specimen of imllitii ation, it would l,c well
perhaps, in thes.dmion of this (incsiion, to compare iis provisions with
the Oonsiiiution. That instrument declares that the judicial power
tlierein delegated, shall extend to all cases in law’and eiiuity arising
under .he Constiiuiion, he laws of die United Sra'es and ireaiies made
or which shall be made, nn'ler their authority. The Orfinan. e fori ids
an appeal to the Supreme Court of die Uni ed Suites, m any case in law
or equity, in which the acts of Congress of the lUtli of Mat, 1828, and
of die Mth of J'lly, 1832, are, or shad iie drawn in (picslion.
1 he C. ns'ittition proclaims ii.se'f, and the iaw.s of he U. States inai'e in
pursiian e thereof, and all the treaties made or w hich shall oe made under
the amhorify of the United States, to be the supreme law of die .and,
and he jmlgesuf every state shad be bound thereby, any hin<r in tlie
Con«'iriition r laws of anysta.e to the contrary nouviihstandiim. d’he
Or inance declares itseT paramount and I in 'ing upon he cidzens of
S >udi Carolina, and makes all ofTi ers, judicial and others, wi liiii the
stale, swear to observe and execute it.
1 he C: n.“tiuition provides iliat all duties, imposts and excises, shall he
umrorm throughout the Uni ed S a»es. The Ordinance declares that no
dunes shall he collected wi hm the iiinits of Carolina, mic or die e.xisling
revenue law's ot die union, aithough they are in force every where eise
throughout the Uni ed S ates.
The Constitution gives to Congress the power to provide for calling
lordi the militia ot die union to execute the laws, suppress insurreclicns,
and re|)el in vasions. The Ordinance declares, that if Congress attempts
o execute her laws by force, Soudi Carolina will organize a separate
go^’niiiien , and niainrain her Ordinance at all hazards.
Your coniiiiittee con eive die statement of these propositions to render
all argument unnecessarv.
riic extent ot die powers of the general government depend most
ceitamly on the Constitution; it is strictly'a government of deloo-ated
powers, and the powers not delegated to the Unifec States by the'Con-
stittitii.n, nor prohibited by i’ to the states, arq reserved to the states
resjiectively, or to the people. J3 it w lioix) a power of a sovereian
character is expressly granted liy that instrumen:, it would 1 e difficulUo
mamtain that the same power is among the reserved rights of the
states, ihe judicial power in the case uiivier consideration, has been
delegated, m express terms, tothe general government.
The Convention felt that to maintain heir Ordinance, they must aban-
toi the Constitution, and seek elsew here for argument and illustration.
1 hey have accordingly done so, and found die judicial power, not amonir
the reserved rights of ilic states, hiitin a tlieorv, partly of their own
construction and partly borrowed from certain resolutions of the Virginia
Legislature, passed m limes of high party exci’ement. As to the au¬
thority of the resoiuttens in favor of nullification, your committee would
remark llwt the constr iction given o dicni by the Convention, has been
disavowed m a published letter of Mr. Madison, their venerable author
Jan. HOUSE OF REPRESENTATIVES. 267
Your commitfee beg leave to give their views of this theory, prodiio-
five, as it is iikeiy to oe, of su' h importan'. pruchoal resubs.
It is said that, by our mcmoraole revoiu.iuii, “the lirilisli Coii'iiies in A-
inericabecame,and were declareJto. e,sovereign <in>; nr.epfciuieiusliiies;
that as distinct poiitical eommunities, tlie\ eii eref in o a c iiipacr, . eaty,
league or alliance, under the style an<' titie ol .he CciistiUitionof the Uimcd
Siates; but ihai each remained as absolutely and antioniroiatily sove¬
reign us under the articles of confetleraiioii, or as any other prince,
potentate or sovereign upon earih; dial there has not exis ed ai any lime
such a political body as the peo|)le of he Umled Slates; hat there is
not now, nor has there ever been such a lelation existing as that of a
citizen of New H.impshire aiil a ciiizen of South (Jaruliria oound together
in ihe same social compact; that there is not now, nor has there ever
been any direct allegiance 1 etween die citizens of Sou.h (Jaroiina and
the'Federal Govcrnmen:; die relation oetwecn .hem is through the state;
that the general government is in fact a compact between sovereigns,
imposing merely a moral obligation upon the states not to exerti.=e cer¬
tain powers, which still remain in llicni, and wliicli are in fact unaliena¬
ble, though we are accu,stoined to say inaccurately, that they have been
surrendered by the slates; that the exient of the powers of the general
governnien* depends upon the states; in short, that they are as sovereign
as Great Britain, France and R.issia would be in an alliance, offensive
and defensiv'e; that it follows from the nature of their (lolitical connexion,
and is essential to their preservation, that they, like other sovereigns in
the absence of a common arbi er, should be the iiiterpre crs of their own
agreements, and that in their character of sovereign arbiters, they have
the unquestionable right to redress violaticn.s and infractions of their
compact, and to choose the mode and-nieasure of such lodress; that the
compact has been viola'ed pa!]ial ly; that South Carolina has interposed,
and by counter legislation, which, from the principles above laid down,
is, and must be paramount within lier own limits, arrested the operation
of the acts,'wliich transcend the charier; “South Carolina cannot and
will not yield t o any department of the federal government, and still less
to Ihe Supreme Court of the United Suites, the creature of a govern¬
ment, which is itself the creature of the states—a righ;, which en'ers
into the essence of all .sovereignly, and without whi h, it would become
a bauble and a name.”
Who does not discern in this system, the jirinciples of utter disorgan-
izati. n. It is obvious that the judicial power, in such cases as ’.hat under
consideration, is as clearly delegated to the goveruniont of the United
States, as any other power whatever. If South Carolina could nor sur¬
render thi.s, as being of the essence cfher sovereignty, and therefore
unalienable, she could surrender no other sovereign power, legislative
or executive; the doclrine denies the validity of the Constitution, and
nullities the whole instrument. It would seem useless in 'his view of
the matter, to a[)|)eal to the Constitution: we must drive bur inquiries
higlicr and wider—we must explore the foundations upon whi h that in¬
strument rests its claims to validity, and settle its authority’, before we
seek to penetrate its meaning. Let us pursue this metaphysical theory
(for it seems no less,) a little further; They say the powers of ihe gen-
526S
JOURNAL OF THE
[Jan. 9.
cnil government are delegated and derivative—the state sovereignties
are original and inherent. We would reply, ihat derivative i)owcrs are
a trust, and therefore unalienable, but that original and inherent rights
can be granted aw'ay. The consequence, that Hows from this indi.sputa-
bledi-stincfion, is, that if the state governments be primitively, inherently
and of their own right sovereign, and the Constitution w as really derived-
from that source alone, w hich is assumed as the basis of the argument
ill the address of the C mvention, then the grants contained in the Con¬
stitution are valid, and as we have shown the judicial pow'er to be
among them, and extending to the very case under consideration, the
Ordinance of nullification, from their ow'n shewing, is an illegal usurpa¬
tion of a power, which has been vested in another tribunal.
But we w ill not place the Constitution upon that ground. It is not a
mere treaty of alliance between sovereigns, left to the interpretation of
the sword; nor is it dependent, for the execution of its powers, upon the
w'ill of twenty-four absolutel)' sovereign governments. The articles of
confederation were ihe act of the state governments. The old Congress
w'as their creature—and a miserably impotent, dependent creature it
was—their acts w’ere mere accommodations, and most frequently disre¬
garded; they were a consulting body merely, and the whole executive
authority, or rather entire sovereignty, resided in the states. I'he fruits
of the revolution were likely to be lost in the evils of an inefficient gov-
vernment, and an imperfect union. The great geniuses who achieved
the revolution, perceived the defects of their system, and roused the peo¬
ple to a sense of their danger. The Federal Constitution does not de¬
rive its authority from the Convention that met at Philadelphia. As
the act of that body it was a mere recommendation of a form of govern¬
ment by which the people of the several states might become United.
It was adopted, and made lawq by Conventions chosen by the people in
each state, in the same manner that their state Constitutions are. The
grants of power contained in it are not conc essions upon the part of the
state governments. They are grants from the people of the states. The
state governments did not, and indeed they could not, delegate their au¬
thority, which W'as itself but derivative, but the people, their masters, in
adopting the new Constitution, denied them certain powers. The Fed¬
eral Constifiition is the fundamental law of each state, made so by the
authority of the people of eacli state. It is the fundamental law of all
the states, made so by the consent of the people of all the states. It
created such a body politic as the people of the United States. In the
language of Gen. IVashington, it consolidated their union.
The science of politics has been thought to have received great im¬
provement from the American revolution, and its soundest principles to
have liecn incorporated in the Federal Constitution. One, and not the
least important of these princijiles is, that all political and governmen¬
tal power is derivative. The original or jure dwino right, either in
states or princes, is gone. Government is the result of a convention
between individuals, deriving its just powers from the consent of the
governed. There are no original sovereigns—save each individual man
in a state of nature, and his sovereignty extends only to himself. All
government is a trust, springing out of the necessities of mankind. It is
269
Jan. 9.] HOUSE OF IIePRESENT.VTIVES.
a conventional metliod, in every instance, by which the strength ant]
reason of many distinct individuals can be united, in such manner as to
give to eacli the power and protection of the whole. A written Consti¬
tution is the deed which creates the trust, and provides a mode of inter¬
pretation where difliculties arise. No power, short of that which created,
can cancel an instrument so solemn and important; all have an inter¬
est in It: nor can it be changed in any other way than by the con¬
sent of all, or in such manner as itself provides, or by physical force
and revolution. In ])ursuance of these principles it was made an
objection to the articles of confederation, that they had not been rati¬
fied by the people, aftd being dependent' upon the .sta e legislatures for
their origin, were subject to legislative repeal. The s atesmen of that
time understood well that a government winch was intended to aet im¬
mediately upon persons and property through its own agents, which
was to depend upon itself for the execution of its powers, could not be
the result of an international compact; that it could hold no claim of al¬
legiance upon individuals unless it flowed from the people, the pure and
only legitimate fountain of power. In the sanctions of the popular au¬
thority, therefore, they laid the deep foundations of our social order, and
established the relafion of citizen and governm.tnt, with the correspond¬
ing duties of allegiance and protection. Your committee can never be¬
lieve i\vd government can justly be created in any other way.
The people of separate and distinct communities are surely compe¬
tent, voluntarily and upon full deliberation, to unite themselves under
one government, with a Constitution containing all the safeguards of
liberty, and all the powers neces.sary for itsow'npreservation: and such-
a Constitution is perpetually binding upon all. Such a one, and drawn
from such a source, the Constitlition of the United States purports to be;
and such it has been, in its practical operation, for more than forty years,
in the constant e.xercise of those powers which are now denied it. “Wo
the people,” says its caption—“We, the people of the United States, in
order to form a more perfect union, establish justice, ensure domes¬
tic tranquility, provide for the common defence, promote the general
welfare, and secure the blessings of liberty to ourselves and posterity,
do ordain and establish this Constitution for the United States of Ameri¬
ca;” and it has operated these grand results to the full letter of its:
promise.
South Carolina warns the states against any measures of rashness.
Can it be possible that she imagines any state will pnxteed, in her so\--
ereign capacity, to m;die war upon her? Docs she con.?ider the Consti¬
tution so completely at an end, that each state shall seize the sword,
which has been committed to our common govei'iimenl ? To declare
war, is not among the reserved rights. We have no power to enter into
alliances, pro or con. Our allegiance to the Constitution requires, that
we should obey the call of that power appointed to execute the laws, sup¬
press insurrections, and repel invasions. The jieople of this comm.m-
wealih have obeyed that call, for the latter purpose, whether to the north
or to the south. May it please Heaven to spare them -he proofs of (lat-
riotism, which dangers from domestic sources would compel them to fur¬
nish. In the contemplation of an event so calamitous, your committee
370
JOURNAL OF TirE
[Jan. f).
would I'orget tlic terms in wliii h South Carolina announces her lofty re¬
solves, her inllexi.de detcrin.nation—lerms that would seem to admit
neither of answer nor rcnionstranee. We wttuld rem.tnstrate, we would
adjure South Carolina, or those who guide her counsci.s, hy the lilood
and siilferings of our common ancestors, not to rnar their work; noi to
insult the memory of the dead; not to embitter the last hours of that
small remnant of the revolution, who yet linger upon earth, by demi n-
strating that a republic, that vision of glory w hich led them on through
toil and privation, was a delusion and a cheat. We would adjure them
by their own great names—names won in die service of the United
Suates, and hitherto looked upon ns a portion of A^icrican wcaith,—by
the talents so gloriously exerted in defence of those very principles
which they now denounce—we wottld aiijitre them to he satisfied wiih
lawful fame. Let them not dream of a resemi laii e between their .sit¬
uation and that of the fathers of the revoiuti. n. Mankind will not, and
cannot, recognize it. Should they succeed in goaoing enthusiasm to
madness; should they succeed in infusing their own wild jiassions into
the people of the South, and precipitate ihe United Sues into all die
li.irrors and dangers of civil w ar, the glory w hich hallows the tomb of
the patriot martyr will not be tlieir.s; dieir past honors will turn to in¬
famy, and they will set in storm and darkness, amidst the deep execra¬
tions of all mankind.
Your committee would recommend, to the Legislature, the adoption
of the follow ing resolutions, to the end that South Carolina, and the
world, and posterity, may know that, in tliis first convulsion of our polit¬
ical sy.stem, Kentucky at least was fai'hful.
1. Resolved, bt/ the General Asscmblj of the Commonwealth of Ken¬
tucky, That the union of the people of these states, ns established l y the
Federal Constitution, is esscmial to their prosperity, iii.erty, and happi¬
ness, and must bo preserved.
2. That, wdiatever ditlercnces of opinion may prevail as to the extent
of protection which ought to be affonled to Ameri. aii manufiietures, we
concur in opinion, that the acts of Congress of lb28, and 1832, declar¬
ed null and void hy the late Convention of Soiiih Carolina, are laws of
the United States, made in pursuance of the Federal Constitution, and
in the language of that instrument, are “ihe supreme laws of the land,”
and binding upon the whole, until altered or repealed hy the authority
that made them.
3. Tiiat the Ordinance of the Convention, being an attempt on the
part of a single state, to nullify a portion of the supreme laws of the
land, is an assumption of pow-er not warranted hy the Constitution, nor
to be found among the rights reserved to the states respectively.
4. That the people of the United S‘aie.» have a deep interest in the
integrity of the union, and an undoubted right to preserve it; and the
right of secession, asserted by the Or linance, is not only unauthorized
hy the Constitution, hut is repugnan- to its letter and spirit.
5. That it is a duty, which every citizen of *he United States owes to
himself and our common country, w hen called upon, toaidtheccnsiituted
authorities of the government in carryin . into effect the laws of the
union; and we receive with approbation the pledge, wdiich the President
JvN, 9.] HOUSE OP represent\T iyES.
has given to tlien I'i ai in liis late proclamaiion, that he will
t"! t£ '*1^ *’" -’i* of office in
caie that the laws i,e laifhliilly executeJ.
fn tllie Governoi- be, and he is hereh
lansmit copies of ihese resolutions to the President of
honI'”f'' Tf ^ committee of
n^ntod 7 ) ° r'"T^’ thereof ord
punted for the use of the members.
^5**'*’'"’® presented the petition of sundry
Russell and Wayne counties, praying the passage of
citizens of
a law de-
jvlcKinlcy’s old
mr. r ora presented the petition of sundry citizens of tb.
county of Edmonson, praying the nass-io-o nf i i ^
to locale one quarter section of land West of tlm^rT'^ *'™
river. 'veat oi me lennessee
it=S“~sfvi
the Commonwealth, at Rowlinggreen iSlKil ■ th r ri i , • ^
^’as mistaken; fnd pmini the ‘'P* it seems he
from tlie payment of said debf
to7;f EZpilt ■'T-
Eia's:s!! 3:s ir”3
J
JOURNAL OF Till'
scnting that the law changing the
j?on state road to the Goose t._-
ed pahlic expectation,
ing the passage
tolls he collected
9. Mr. Pierce pr
Russell county, agr
cree
creek Salt works, has not answer-
, hut is grievous and oppressive; and Pniy-
ol’ a law to re-establish the old road, and that
on said old road as heretofore.
•escnted the remonstrance of sundry citizens of
dust the passage of a law to declare Reave
FclL»n, i,. Cn.vcs co„2. 1^:
peliu™ of
“IS s. V.;»| »a
foiTirnlttcc Tor courts of iiisticG* ^ i i* -.-irr*
Mr R. S. ?.Iorris moved the following resolution, viz.
f2oIvX That the committee on education be, J®"
mittee report by bill or othei wise.
Also, the petition of Renjamin ^^^ale of Ru e. county F
ing permission to redeem a mortgag i to the . , j
vfa th on two hundred acres of land, on the Pajmen of jne h^
L amount of said mortgage; and are of opinion that the sain.
'‘^XSic-petition of sundry citizens of McCracken and Hi^
man counties, praying for the “'"be reiecteV
of said counties; and are of opinion that the same be rejecleci
■ 'Which being twice read, was coucurreil iii.
Jan. 9.] HOUSE OF REPRESENTATIVES. 273
Mr. Stevenson', from the committee of religion, made the fol¬
lowing report:
The committee of religion have had under consideration the
petition of John L. Eolf, praying to be divorced from his wife;
and are of opinion that said jietition ought to be rejected.
The committee of religion have had under consideration the
petition of Michael Tracy, praying to be divorced from his wife,
Judy Tracy; and are of opinion that said petition ought to be
rejected.
The committee of religion have had under consideration the
petition of John Jenner, praying a divorce from his wife; and are
of opinion that said petition be rejected.
The committee of religion have had under consideration the
petition of John D. Jones, praying to he divorced from his wife,
Eliziibeth; and are of opinion that said petition be rejected.
Which being twice read, was concurred in.
Mr. Chilton, from the committee on internal improvements, to
whom was referred a bill to incorporate a Rail Road Company
from Bardstown to Louisville; and,
A bill to incorporate the Falmouth Bridge Company: reported
the same without amendment.
Ordered, That the said bills be engrossed read a third time to¬
morrow.
Mr Fulton, from the committee on military affairs, to whom
Avas referred a bill to legalize the proceedings of courts of assess¬
ment: reported the same without amendment.
And the question being taken on engrossing the said bill and
reading it a tliird time, it was decided in the negative; and so the
said bill was rejected.
A message Avas received from the Senate announcing their dis¬
agreement to a bill Avhich originated in this house, entitled, an act
for the benefit of Isabella iMarshall, of the county of Campbell.
The passage of a bill Avhich originated in this house, entitled,
an act to amend and reduce into one the several acts concerning
the town of Augusta, in Brac' en counly.
And the passage of bills of the i'oHowing titles:
An act to authorise the clerks of the counly courts of Hopkins,
Hancock, I’nion, and the circuit court of Harrison, to transcribe
certain records in their respective offices.
An act for the benefit of the estate of Henry Ditto, Jr.
An act to enlarge the town of Madisonville.
An act concerning the town of Henderson, and for other pur¬
poses.
An act to amend the laws concerning Transylvania University.
An act for the benefit of the representaiives of James ilonaker,
deceased.
K2
274 JOURNAL OF THE [Jan. 3-
An net to authorise persons prosecuted for felony, in the county
of Jessamine, to be conlined in the jail of Fayette.
Tlie adoption of a resolution fixing a day for the election of
public otlicers; and,
A preamble and resolutions relative to the puhlic lands; the
Bank of the LTnited States, and the deposites of the treasury.
And that the Senate had received official information that the
Governor did, on the -1th instant, approve and sign an enrolled
bill, which originated in the Senate, entitled, an act for the bene¬
fit of tlie Head-right and Tellico settlers.
And on the 7th instant, did approve and sign a joint resolution,
which originated in the same, entitled, a resolution to a])point a
joint committee to'examine and report the condition of the Gov¬
ernment house.
Mr. Prince, from the joint committee of enrolments, reported
that the committee had examined enrolled bills of the following
titles, and had found the same truly enrolled, viz:
An act for tlie benefit of John Smith and Bartlett Hill; and.
An act for the lienefit of William R. AIcb'erran, and others.
Whereupon, the Speaker affixed his signature thereto.
Ordered, Tliat Mr. Prince inform the Senate thereof.
Leave was given to bring in the following bills:
On the motion of Mr Woolley—1. A bill to authorise the in¬
sertion of advertisements in the “Observer and Reporter,” at Lex¬
ington.
On the motion of Mr Southgate—2. A bill to establish a state
bank.
On the motion of Mr Riffe—3. A bill to authorise the county
court of Casey to abolish one or both of the precincts for voting in
said county. . ^ ,
On the motion of Mr Hill—4. A bill for the relief of Abrahani
Miller. . . , , ^ r
On the motion of Air E. Smith—.5. A bill for the henefit of
George Proctor, Sen., of Rockcastle county.
On the motion of Mr Alarshall—0. A bill to amend the act en¬
titled, an act to authorise the establishing of private passways, ap-
- proved Dec. 13, 1820.
On the motion of Mr Ward—7. A hill to improve certain roads
in the counties of l.awrence, Alorgan, and Floyd, and for other
purposes.
Messrs. Woolley, Butler and G. W. Johnson, were appointed a
committee to prepare and bring in the first; Alessrs. Southgate,
Ale \fee,Chilton, Matson, Ewing and Harrison, the second; Alessrs.
HilhCulley and Chilton, the fourth; Messrs. E. Smith, S. Williams
and I'aris, the fifth; Alessrs. Alarshall, Wickliffe and W. Johnson,
the sixtli; Alessrs. Ward, T. I. Young and Alay, the seventh; and
the committee of privileges and elections, the third.
HOUSE OF REPRESENTATIVES,
Mr. Harris moved to obtain leave to bring in a bill to repeal
the law allowing fees to justices of tlie peace.
And the question being taken on granting leave to bring in said
bill, it was decided in tlie negative: and so the said motion was
disagreed to.
The following hills were reported from the several committees
appointed to prepare and bi ing in the same, viz:
By Mr AlcAfee, from the committee of propositions and griev'-
ances—1. A bill to establish an election precinct at the great falls
of Rough creek, in the county of Breckenridge.
2. A bill to regulate tlie pamentof the debts due the Bank of
the Commonwealth.
3. A bill to add a part of the county of AVhitley to the county
of i.aurel.
Wiiich bills were severally received and read the first lime, and
ordered to be read a second time.
And tliereupon the rule of the house, constitutional provision,
and second reading of the first and second bills having been dis¬
pensed with, the first was ordered to he engrossed and read a third
time; and the second was committed to the committee of wa}s
and means.
And thereupon the rule of the house, constitutional provision,
and third reading of the first bill having been dispensed with,
and the same being engrossed:
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
Ordered, That the Clerk cany the said bill to the Senate and
request their concurrence.
Mr. Fulton, from the committee on military affairs, to whom was
referred a bill to amend the militia law: reported the same with
amendments; the first of which was concurred in, and the second
disagreed to.
An amendment having been moved to said bill:
The house, according to the rule of the house, proceeded to the
orders of the day.
An engrossed bill entitled, an act for the benefit of Silas W.
Robbins and others: was read a third time as folbnvs, viz:
Be it enacted by the General Assembly of the. Commonu'ealth of
Kentucky, That any person who may have attended as a witness
in behalf Silas W. Robbins, Judge of the eleventh Judicial dis¬
trict, pending an enquiry into the ofiicial conduct of the said Bob¬
bins, before the House of Representatives, in the ) ear 1821; and
who actually received from the clerk of said House of Represen¬
tatives a certificate of his claim, for such attendance, is hereby
authorised to present such certificate to the Auditor of Public Ac¬
counts; and the Auditor is hereby required to issue his warrant
276
JOURNAL OF THE
[Jan. 9.
upon the treasury for the amount of said certified claim; and the
Treasurer shall be, and he is hereby required to pay the same.
And the question being taken on the passage of said bill, it
was decided in the negative: and so the said bill was rejected.
The yeas and nays being required thereon, by Messrs. Ward
and Chilton, were as follows, viz:
YEAS—^Mr. Speaker, Messrs. Bell, Boone, Bramlett, Butler, Dun¬
lap, Ewing, Gaines, Green, Harris, Henry, Innis, Jett, G. W. Johnston,
Lee, Lucas, Marshall, Matson, Megowan, Meriwether, JMorgan, Mur¬
ray, Prince, Pryor, Seaton, Simpson, E. Smith, Southgate, B. F. Thom¬
as, Thompson, Thruston, Wickliffe, D. White, J. White, Woolley, and
Yates—30.
N AYS—Messrs. Abel, A. Anderson, S. H. Anderson, Bowling, Brown,
Chilton, Churchill, Collins, Cook, Copeland, Crow, Covington, Culley,
Davidson, Delaney, English, Faris, Ford, Fulton, Gorin, Harrison, Hay¬
den, Hauser, Heady, Hill, Hughes, Jennings, W. Johnson, Kennedy,
Lockhart, McAfee, McDonald, M-Fall, Maxey, May, Montgomery, B.
S. Morris, D. Morris, Ozborn, Patterson, Pendleton, Pickett, Pierce,
Rudd, Sanders, Scrivner, Shanks, Shepherd, Short, D. T. Smith, W.
Smith, Stevenson, W. Thomas, Ward, J. Williams, S. Williams, S.
Young, and T. I. Young—58.
The following engrossed bills were severally read a third time,
viz:
1. An act regulating and defining the powers of the trustees of
the town of Brandenburg, in the county of Meade.
2. An act to appropriate a portion of the lands AVest of the
Tennessee river to the purposes of education or making certain
improvements in said district.
3. An act defining the limits of the town of Mount Washing¬
ton, in Bullitt county, and for other purposes.
Resolved, That the said bills do pass, and that the titles thereof
he as aforesaid.
Ordered, That the Clerk carry the said bills to the Senate and
request their concurrence.
An engrossed bill entitled, an act to incorporate the Louisville
Bank of Kentucky: was read a third time.
Mr. Ewing then moved to amend said bill by adding thereto
the following engrossed clause, by way of ryder, viz:
Provided, hoziiever. That for all bills or notes put into circula¬
tion by said bank, as W'ell as for the debts, dues or demands con-
tnicled, and liabilities incurred by said bank, the shareholders in
the same shall be individually liable, jointly and severally, in pro¬
portion to the amount of his, iier or their shares, held in said bank,
at the time said bills or notes were put into circulation, or said
Jan. 10.] HOUSE OF REPRESENTATIVES. 277
debts or liabilities were contracted; and in case of the failure of
said bank to redeem said bills or notes, or pay said debts or liabil¬
ities, suit may be brought jointly or severally against said share¬
holders, in chancery or at law, by the creditor, at liis discretion,
in which said suit tlie said corporation may be made a party, and
such proceedings be had as may be necessary to secure the pay¬
ment of said bills, notes, debts or liabilities.
And the question being taken on adopting the proposed amend¬
ment, as a ryder to the bill, it was decided in the ailirmative.
The yeas and nays being required thereon, by Messrs. B. S.
Mori’is and Ewing, were as follows:
YEAS—Messrs. Abel, A. Anderson, Bowling, Bramlett, Chilton, Col¬
lins, Cook, Copeland, Crow, Culley, Davidson, Davis, Delaney, English,
Ewing, Ford, Fulton, Gaines, Gorin, Harrison, Hauser, Hill, Hughes,
Innis, Kennedj^, Lockhart, Maxey, Megowan, Alontgomery, Morgan, B.
S. Morris, D. Morris, Patterson, Pickett, Rifie, Scrivner, Shanks, Short,
D. T. Smith, B. F. Thomas, W. Thomas, Thompson, Wickaffe, J. Wil¬
liams, S. Williams, J. White, S. Young, and T. I. Young—48.
NAYS—Mr. Speaker, Messrs. S. H. Anderson, Bell, Boone, Brown,
Butler, Churchill, Covington, Dunlap, Faris, Green, Harris, Hayden,
Heady, Henry, Jennings, Jett, G. W. Johnston, W. Johnson, Leo, Mc¬
Afee, McDonald, McFall, Marshall, Matson, May, Meriwether, Mur¬
ray, Ozborn, Nuttall, Pierce, Prince, Pryor, Rudd, Sanders, Seaton,
Shepherd, E. Smith, W. Smith, Southgate, Stevenson, Thruston, Ward-^
D. White, Woolley, and Yates—46
And then the house adjourned.
THURSDAY, JAA’-UARY 10, 1833.
A message was received from the Senate announcing their dis¬
agreement to bills which originated in this house, of the follow¬
ing titles:
An act to establish the town of Washingtonport, in the count}'
of Russell.
An act for the benefit of Polly Seeders.
An act for the benefit of Cynthia Ann Lutes.
And the passage of bills of the following titles:
An act to provide for the location of the Lexington and Ohio
Rail Road through the City of Louisville, and for other purposes;
and.
An act for the benefit of Matthew D. Hume.
1. Messrs. Nuttall, Meriwether, Gorin and Covington, several!',
presented petitions from the counties of Henry, Jefferson, Barren.
JOURNAT- OF TILE
[Jan. 10.
1 -F a /l! ( >
and Warren, praying the establishment of an Independent Bank
at Louisville.
2. Mr. Nuttall presented the petition of sundry citizens of Hen¬
ry county, praying for the establishment of an election precinct in
said county.
3. Mr. Gorin presented the petition of sundry citizens of the
county of Barren, representing that they are satisfied with remain¬
ing in said county, and pray that they may not be added to the
county of Edmonson.
Also, the remonstrance of sundry citizens of said county, re¬
monstrating against the removal of the county scat of Edmonson
county.
4. Mr. Gorin presented the petition of sundry citizens of Bar¬
ren county, representing the evils resulting from the permission
granted b}' masters to their slaves, in liiring their tlieir own time;
suggesting the propriety of so amending tlie laws now in force so
as to make it the especial duty of some officei' to prosecute for all
violations of the la^ys upon this subject.
5. Mr. Davidson presented the petition of sundry citizens of the
county of Simpson, representing that the trustees of the Semina¬
ry for said county have been induced to purchase a suitable build¬
ing for said institution, relying upon the fines and forfeitures aris¬
ing in said county, to aid them in payment for said building; that
many fines have been remitted to individuals, and that a debt now
exists against them to the amount of §210: praying an appropri¬
ation of that sum for said Seminary.
Which said petitions were severally received, the reading dis¬
pensed with, and referred; the second and third to the committee
of propositions and grievances; the fourth, to the committee for
courts of justice; the fifth, to the committee on education; and the
first was laid on the table.
Mr. B. S. Morris moved the following resolution;
Resolved, That the committee on education be, and they are
hereby instructed, to enquire into the propriety of passing a law
legalizing the study' of Anatomy; and report by bill or otherwise.
AVhich being twice read, was adopted.
IMr. AV, Johnson moved the following resolution;
Resolved, That the «ommittee for courts of justice he instruct¬
ed to enquire into the expediency of amending tlie law author¬
ising the circuit court judges to take security to keep the peace.
Which being twice read, was adopted.
Mr. Seaton moved the following resolution;
Resolved, That the committee for courts of justice be directed
to enquire into the expediency of revising and amending the at¬
tachment laws of this Commonwealth; and that they report by
bill or otherwise.
AVhich being twice read, was adopted.
TT
HOUSE OF REPRESENTATIVES,
The house resumed the consideration of an engrossed bill en¬
titled, an act to incorporate the l,ouisville Bank of Kentucky.
Mr. Gorin from the majority on the vote, by which the engross¬
ed ryder olfcred by Mr. Ewing to said bill, on yesterday, was
adopted, moved a reconsideration of said vote.
■tnd the question being taken thereon, it was decided in the
affirmative.
The question was then again taken on adopting the said amend¬
ment, as a ryder to the bill; whicli was decided in the negative.
The yeas and nays being required thereon, by Messrs. Ewing
and Kennedy, were as follow's;
YEAS—Messrs. Abel, A. Anderson, Bowling, Chilton, Collins, Cook,
Copeland, Crow, Culley, Davidson, Davis, Delaney, English, Ewing,
Fulton, Gaines, Harrison, Hauser, Hughes, Innis, Kennedy, Lockhart,
Lucas, Maxey, Montgomery, B. S. Morris, D. Morris, Patterson, Pen¬
dleton, Pickett, Rifle, Scrivner, Shanks, Short, Simpson, D. T. Smith.
B. F. Thomas, VV. Thomas, Thompson, WicklitTe, J. Williams, S. Wil¬
liams, J. White, S. Y jung and T. I. Young—4.5.
NAYS—Mr. Speaker, Messrs. S. 11. Anderson, Bell, Boone, Bram-
lett. Brown, Butler, Churchiil, Covington, Dunla[), Faris, P’ord, Gorin.
Green, Harris, Hayden, Heady, Henry, Hill, Jennings, Jett, G. W. John¬
ston, W. .Johnson, Lee, M . Afee, M Donald, M Fall, Matson, May, Mc-
gowan, Meriwether, Morgan, Murray, OzLorn, Nuttall, Pierce, Prince,
Pryor, Rudd, Stinders, Seaton, Shepherd, E. Smith, W. Smith, South-
gate, Stevenson, Thrusion, Ward, D. White, Woolley, and Yates—51.
Mr. D. T. Smith then moved to amend said bill by adding
thereto the following engrossed clause, by way of ryder, viz:
Be it further enacted, That the stockliolders of this institution
shall be liable to the amount of stock owned by them, for all or
any of the debts of said bank, in their natural and privtite capa-
eities, by a joint or severtd actions of debt against them, their, or
any of their lespective heirs, executors or administrators, in any
court having jurisdiction thereof, by any creditor or creditors of
said bank: Provided, said bank, oi' the lands, tenements, goods,
chattels and funds of the same be inadequate to satisfy and dis¬
charge the whole of its debts.
And the question being taken on adopting the proposed amend¬
ment, as a ryder to the bill, it wms decided in the negative.
The yeas and nays being required thereon, by Messrs. D. T.
Smith and Kennedy, were as follows, viz:
YEAS—Messrs. A. Amlerson, Bowiing, Chilton, Collins, Cook, Cope¬
land, Crow, Culley, D.ividson, Dwh, Delaney, Ewing, Fulton, Gaines,
Harrison, Hauser, Hughes, Kennedy, liucas, Ma.xey, B. S. Morris, D.
Morris, Patterson, Pendleton, Pickett, RilTe, Scrivner, Shanks, Short,
2SU
JOURNAL OF Tllli
iiSM
[Jan. 10.
Simpson, D. T. Smi1i,B. F. Thomas, W. Thomas, Thompson, Wickliffe,
J. VV.niams, S. Williams,.!. White, S. Youn^r, and T. I. Young—40.
NAYS—Mr. Spkakek, Messrs. Abel, S. II. Anderson, Bell, Boone,
Bramlett, Brown, Butler, Churchill, Covington, Dunlap, English, Faris,
Ford, Gorin, Green, Harris, Hayden, Heady, Henry, Hill, Innis, Jen¬
nings, Jett, G. W. Johnston, W. Johnson, Lee, Lockhart, McAfee, Mc¬
Donald, M FaH, Matson, Maj, Megowan, Meriwether, Montgomery,
Ylorgan, Murray, Ozhorn, Nuttall, Pierce, Prince, Pryor, Rudd, Sanders,
Seaton, Shepherd, E. Smith, W. Smith, Southgate, Stevenson, Thruston,
JVard, D. White, Woolley, and Yates—56.
The question was then taken on the passage of said bill; which
was decided in the affirmative.
The yeas tind nays being required thereon, by Messrs. E. Smith
and Thruston, were as follows;
YEAS_Mr. Speaker, Messrs. Abel, Bell, Boone, Bramlett, Brown,
Butler, Chilton, Churchill, Cook, Covington, Gulley, Dunlap, English,
Faris, Ford, Fulton, Gorin, Green, Harris, Hayden, Hauser, Heady,
Hill, Jennings, Jett, G. W. John.ston, W. Johnson, Lockhart, McDonald,
McFall, Matson, Maxey, M.iy, Meriwether, Murray, Ozhorn, Nuttall,
Pierce, Prince, Pryor, Rudd, San '.ers, Seaton, E. Smith, W. Smith,
Souihgaie, S cvenson, Thruston, Ward, Wickliffe, D. White, Woolley,
and Yates—34.
]\jAYS—M essrs. A. Anderson, S. H. Anderson, Bowling, Collins,
Copeland, Crow, Davidson, Davis, Delaney, Ewing, Gaines, Harrison,
Henry, Hughes, Innis, Kennedy, Lucas, McAfee, Megowan, Montgom¬
ery, Morgan, B. S. Mirris, D. Morris, Patterson, Pendleton, Pickett,
Rifle, Scrivner, Shanks, Shepherd, Short, Simpson, D. T. Smith, B. F.
Thomas, W. 'rhomas, Thompson, J. Williams, S. Williams, J. White, S.
Young, and T. I. Young—41.
Ordered^ That the clerk carry the said bill to the Senate and
request their concurrence.
Mr. McAfee, from the committee of propositions and grievan-
ances, to whom was referred ti bill for the benefit of Henry Wed-
dington; reported the same with amendments; which being twice
read, were concurred in.
Ordered, That the said bill be recommitted to the committee of
elaims.
Mr. Butler, from the committee of claims, made the following
report:
The committee of claims have, according to order, had under
consideration the petition of George W. ( lark, to them refeirod.
and have come to the following rescd ition thereon:
Resolved, That the said petition be rejected.
Jan. lO.J HOUSE OF REPRESENTATIVES.
281
Which being twice read, was concurred in.
iMr. Ewing, from tlie committee for courts of justice, to whom
was referred a bill for the benefit of Morgan Forbes’ heirs: re¬
ported the same with an amendment; M'hich lieing tiyice read,
was concurred in: and tlie said bill, as amended, ordered to be
engrossed and read a third time.
And thereupon the rule of the house, constitutional provision,
and third reading of said bill having been dispensed with, and the
same being engrossed; |
Resolved, That the said bill do pass, and that the title thereof
be amended by adding thereto the words “and Clarke AIcAfee’s
heirs.”
Ordered, That the Clerk carry the said bill to the Senate and
request their concurrence.
Mr. Ewing, from the same committee, to whom was referred a
bill to authorise the several county courts in this Commonwealth to
permit gates to be erected across certain public roads: reported
the same with amendments; which being twice read, wei'e con¬
curred in: and the said bill, as amended, ordered to be engrossed
and read a third time.
And thereupon the rule of the house, constitutional provision,
and third reading of said bill having been dispensed with, and the
same being engrossed;
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
Ordered, That the Clerk cqrry the said bill to the Senate, and
request their concurrence.
Mr. Ewing, from the committee for courts of Justice, reported
a bill to increase the powers of the trustees of towns; which was
received and read the first time.
And tlie question being taken on reading the said bill a second
time, it was decided in the negative: and so the said bill w'as re¬
jected.
Mr. Ewing, from the same committee, to whom wms referred a
bill to provide for revising, digesting and abridging the statute
laws of tills Commonwealth: reported the same with amendments;
which being twice read, were concurred in.
The question was then taken on engrossing the said bill and
reading it a third time; which was decided in the affirmative.-
The yeas and nays being required (hereon, by Messrs. T. I.
Young and Chilton, were as follows, viz:
YEAS—Mr. Speaker, Messrs. S. H. Anderson, Bell, Boone, Brown,
Butler, Chilton, Churchill, Collins, Cook, Copeland, Oi'ow, Covington,
Culley, Delaney, Dunlap, English, Ewing, Paris, Gaines, Gorin, Green,
Harris, Hayden, Hauser, Heady, Hill, Innis, Jennings, W. Johnson,
JCenncdy, Lee, Lucas, McDonald, Marsiiall, Matson, Megowan, Mor-
U2
JOURNAL OF THE
y82
[Jan. iO.
gan, B. S. Morris, D. M^)rris, Murray, Patterson, Pendleton, Pickett,
Pierce, Pryor, lliffe, R uM, Scrivner, Sealyn, Shanks, Short, Simiison,
D. T. Smith, W. Siiuth, Stevenson, B. F. Tlioinas, Tlioinpson, Thruston,
J. VVilliams, S. Williams, J. White, Woolley, and Yates—u4.
NAYS—Messrs. Aiiel, Bowling, Davidson, Davis, Ford, Fulton, Har¬
rison, Hughes, Jett, Lockhart, McAfee, Mt Fall, May, Montgomery, Oz-
born, Niittall, Prince, Shepherd, E. Smith, W. Thoimis, Ward, D. White,
anT. 1. Young—23.
Mr. Stevenson, from the committee of religion, made the fol¬
lowing report:
The committee of religion have had under consideration the
petition of Samuel Tribitle praying to be divorced irom hts wife;
and are of opinion that, said petition is unreasonalile.
The committee of religion have had under consideration the
petition of George A. l.awrence, praying to be divorced from his
wife, Jane; and are of opinion that said petition ought to be re¬
jected. . • 1
The committee of religion have had under consideration the
petition of Daniel and Elizabeth Royalty, praying to be divorced
from each other; and are of opinion that the same is unreason¬
able. ^
AVhich being twice read, the firsjt and second resolutions were
concurred in, and tlie third recomn[|itted to a select committee ol
Messrs, t'hikon. Cully and Hill.
Mr. Green, from the committee of ways and means, made the
following report: j
The committee of way's and mep.ns, have had under considera¬
tion the petition of Jolin Courtney, praying that a law may pass
autliorising him to retail spirituous liquors; and have come to the
following resolution:
Resolved, That said petition |is unreasonable.
Which being twice read, was ,concurred in.
On motion—
Ordered, That the committee of ways and means be discharged
from the further consideration of a bill to regulate the payment of
debts due the Bank of the Commonwealth; and that the same be
committed to a select committee of Messrs. May', Southgate, D.
AVhite.and Mc.\fee.
Mr. Harrison, from the committee on education, made the fol¬
lowing report:
The committee on education have had under consideration the
petition of the directors of the Lexington Liluary, praying that
one h:df of the duties of two per cent, on auctions in the Cityot
T.exington, betaken from the Transylvania University and grant¬
ed to said Library; and have come to the following resolution,
to-wit: /
•283
I
t
HOUSE OF REPRESENTATIVES.
Rusolved, That the petition be rejected.
Which being twice read, was concurred in.
Mr. Chilton, from the select committee, to whom was referred
a bill to change the place ol voting at the Claj'sville precinct, in
Harrison county; reported the same witii amendments; which be¬
ing twice read, were concurred in; and the said bill, as amend¬
ed, ordered to be engrossed and read a third time.
And thereupon the rule of the liousc, constitutional provision,
and third reading of said bill having been dispensed with, and the
same being engrossed;
Resolved, That the said bill do pass, and that the title thereof
be amended by adding thereto the words “and for other purposes.”
Ordered, That the clerk carry the said bill to the Senate and
request their concurrence.
The following bills were reported from the several committees
appointed to prepare and bring in the same, viz;
By Mr Butler, from the committee of claims—1. A bill for the ,
benefit of Vachcl Welden, jailor of Bracken county.
By Mr Kennedy from the committee of privileges and elections
—2. A bill to authorise the county court of Casey to abolish one
or both of the election precincts in said county.
By Mr Ewing, from the committee for courts of justice—3. A
bill to authorise the appointment of clerks in vacation.
4. A bill for the benefit of Fanny Richardson and her children.
By ]Mr Stevenson, from the committee of religion—5. A bill for
the benefit of Ann Jones.
By Mr Green, from the committee of ways and means—6. A
bill to provide for laying the levy in certain counties.
By Mr Green—7. A bill to explain the law concerning the
Stanford Academy.
By Mr Simpson—8. A'bill to incorporate the City of Mays-
ville.
By Mr Woolley—9. A bill to authorise the insertion of adver¬
tisements in the 01)server and Rcpoi-ter. and for other purposes.
By iMr Hayden—10. A bill to provide for opening a road from
Frankfort to Willianistown, in Grant county.
By Mr S. \Ailliams—11. A bill for the benefit of William
Scare.
By Mr B. F. Thomas—12. A bill to change the place of voting
in the election precinct in Daviess county.
By Mr Hill—13. A bill for the relief of Abraham Miller, of
Hardin county.
Which bills were severally received and read the first time, and
ordered to be read a second time.
And thereupon the rule of the house, constitutional provision,
and second reading of said bills having been dispensed with, the
first, second, third, fourth, fifth, seventh, ninth, tenth, eleventh.
JOUllNAI. OF THE
[Jan. lO.
twelfth and thirteenth bills were severally ordered to be engross¬
ed and read a third time; the sixth was committed to the com¬
mittee of ways and means; and the eighth, to the committee for
courts of justice.
And thereupon the rule of the house, constitutional provision,
and third reading of the said hills, (the sixth and eighth excepted,)
having been dispensed with, and the same being engrossed:
Resolved, That the said bills do pass, and that the titles thereof
he as aforesaid.
Ordered, 'Hhat the Clerk carry the said bills to the Senate and
request their concurrence.
Mr. E. Smith, from the select committee appointed for that pur¬
pose, repoited a bill further to regulate the duties of the Judges
of the Court of Appeals.
Which was received and read the fii'st time.
Mr. Green then moved to lay the said bill on the table until
the lirst day of June next.
And the question being taken thereon, it was decided in the
affirmative.
The yeas and nays being reejuired thereon,by Messrs. E. Smith
and Nuttall, were as lollows, viz:
YEAS— Mr. Speakeh, Messrs. S. II. Anderson, Boll, Boone, Brown,
Butler, Chilton, Churchill, Collins, Cook, Covington, Culley, Davidson,
Davis, Dunlap, English, Ewing, Paris, Ford, Gaines, Green, Hayden,
Hauser, Heady, Henry, Hill, Hughes, Innis, Jennings, Jett, W. Johnson,
Kennedy, Lee, Lockhart, Lucas, McDonald, McFall, Marshall, Matson,
Maxey, Megowan, Morgan, D. Morris, Pendleton, Pierce, Prince, Pryor,
Rifle, Rudd, Scrivner, Seaton, Shanks, Simpson, D. T. Smith, W. Smith,
Stevenson, B. F. Thomas, Thruston, Ward, Wickliffe, S. Williams J).
White, J. White, Woolley, and Yates—65. *
nays— xMessrs. Abel, Bowling, Bramlett, Copeland, Crow, Delaney,
Fulton, Harrison, McAfee, May, Montgomery, B. S. Morris, Ozborn’
Nuttall, Patterson, Sanders, Shepherd, Short, E. Smith, W. Thomas!
Thompson, J. Williams, and T. I. Young—23.
Mr. D. White, from the select committee appointed for that
purpose, reported a bill to provide for the improvement of the
road frotn Frankfort, via. Lawrenceburg, Harrodsburg, Danville,
and Stanford, to the Crab Orchard.
And then the house adjourned.
Jan. 11.1 HOUSE OF REPRESENTATIVES.
FRIDAY, JA.YUARY 11, 1833.
A message was received from t!ie Senate announcing the pas.-
sage of bills, which originated in this house, of ihe followine: ti¬
tles: ^
An act to authorise the trustees of .the Newport Seminary to
sell their donation lands, and for other purposes.
An act to change the time ol holding the November term of the
Casey circuit court.
An act to amend the laws relating to the town of Covington
and for other purposes.
An act to increase the powers of the trustees of the ‘town of
Nicholasville, in Jessamine county.
An act for the benefit of Spencer Boyd and others, of Bath
county.
An act to authorise the sale of a tract of land belonsine to Cor¬
nelius F. AVillett, a lunatic.
An act to enlarge the limits of the town of Elkton, in the coun¬
ty of Todd.
An act to regulate the town of Simpsonville, in Slielby county.
An act to authorise the county court of Hardin county to pur¬
chase one hundred acres ol land for the poor-house established in
said county.
An act to authorise the county court of Scott county to increase
the allowance to patroles of said county.
An act to provide for the collection of lines recoverable under
the by-laws ol the towns of Russellville, Bowlinggreen, and Glas¬
gow.
An act to change the names of Claiborne Brewer and Marv
Felicia McMann; and,
An act to legalize the proceedings of the trustees of the town
ol 1 aylorsvjlle, in the county of Spencer, and for other purpose':-
with an amendment to the latter bill.
Their concurrence in a resolution, which originated in this
house, lor appointing joint committees to examine the Public Of-
hces,the Bank of the Commonwealth of Kentucky, and the Bank
o Kentucky; and the appointment of committees on their part.
And the passage of bills oi the followiiig thles;
An act to legalize the proceedings of the (iourt of Assessment
ol lines of the 20th Regiment of Kentucky Militia.
An act to repeal the law now in existence in relation to ilead-
ri^ht settlers; and to dispose of the balance of the debt due from
this class of debtors to the purposes of internal improvement; and,
An act for the benelit of the Cumberland llosiiital.
Whereupon, Messrs. B. F. Thomas, Davis, tiollins, Rilfe, D.
1. 8mith and Cully, were appointed a committee, on the part of
JOURNAL OR THE
[J AN. l l.
It,is bouse, to exan.ine Ibc Auditors Office; Messrs S. Williams,
Pickett, Lee, D. Morris, G. W. Johnston and^nghsl, to exam¬
ine the Treasurers Office; Messrs, t^lulton,^ J. >V lute. Games,
Henry, Boone and B. S. Morris, the Register s Office- Messrs. L.
Smith Abel l.ucas, W. Thomas, Meriwether and Bramled, to
Laml’nc the I'elSeeti.r,; Mcss.4. llarrb.n, Woc.lley, l.unbp,
S. H. Anderaon, Prince ami Brown, a coinm'ttce to examine I le
Bank of Renlucky; and Messrs. U. White, Butlei, Isennc 3 ,
Covington, W. Johnson and Morgan, a committee to examine the
Bank of the Commonwealth. , , a., e
Ordered, That the Clerk inform the Senate theieof.
Mr Innis from the joint committee of enrolments, rcpoited
that the commillee had examined enrolled bills of the following
mid had found the same truly enrolled, viz;
' An act to amend and reduce into one the several acts concern¬
ing the town of Augusta, in Bracken county; and,
\a act for the benefit of Benjamin kobinsoii.
Whereupon, the Speaker affixed his signature thereto.
Ordered, hat Mr. Innis inform the Senate thereof.
1 Mr Murray presented the petition of James Rec=o, Rich-
•ird Reese, and James M. Reese, praying the passage of a law to
enable them to convey a certain tract of land, m Hickman count),
for the benefit of the children of James Reese, in order to olitaiii
the oriein.al purchase money for said land.
o Air. J. White presented the petition of smidry citizens of
Aladison countv, praying that William Hatton, of said county, be
Permitted to erect a gate, on his land, across the road ending froni
Bear-run ford, intersecting the road leading-from the mouth of
Muddy cr^ek to B presented the petition of Hannah Hinton, vvife
of Ca^er Hinton, d'eceased,. representing that
somewhat embarrassed, and in the jiayment of iis debts his pci
-onal estate has been exhausted; that he willed a small tiact of
land, in said county, to his children, (being
the division of the same into eight parts would be of htlic yal e
to either: praying that a law may be passed to authorise the sale
of said land to educate and maintain his children aforesaid.
4 . Mr. l.ucas presented the remonstrance of sundry citizens 0
Edmonson county, against the removal of the seat of justice
Harris presented the petition of Agnes B. Berry, pray¬
ing a law to authorise the sale of a certain lot in
fi Mr Dunlap presented the petition of sundry citizens of .y
cite count representing that the sale of ardent spirits, to slaves,
by grocciy keepers and keepers of tipling houses, has
intolerable nuisance, and praying that a law "''M J, ,■
all persons, except licensed tavern-keepers and distillers, liom
Jan. 11.] HOUSE OF REPRESENTATIVES. 2S7
tailing ardent spirits, in any way, in less <piantity than by the
barrel.
Mr. Murray presented the petition of Jesse Boyd, I’cprescnting
that he commitied a mistake in entering the South-East quarter of
section two, township four, range one. West, instead of the South-
West quarter of same section: and praying that he may be per¬
mitted to withdraw his entry and locate it on another vacant and
unapproj)riated (juarter section.
Which petitions were severally received, the reading dispensed
with, and referred; the tirst, third, fifth and sixth, to the committee
for courts of justice; the fourth and seventh, to the committee of
propositions and grievances; and the second, to a select commit¬
tee of Messrs. J. White, Maishall and Pierce.
On motion of Mr. E. Smith:
Ordered, that the committee for courts of justice prepare and
bring in a bill to regulate the sitting of the several circuit and
county courts in the 15th Judicial district.
Mr. Ewing, from the committee for courts of justice, to which
was referred a bill to exempt from excution growing crops, and
for other purposes: reported the same without amendment.
Mr. Gaines then moved to lay the said bill on the table.
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon, by Messrs. Nuttall
and D. White, were as follows, viz:
YEAS—Messrs. S. II. Anderson, Bed, Bociiie, Bowling, Bramlett. But¬
ler, Cook, Covington, Davis, Ewing, Paris, Ford, Gaines, G<irin, Green,
Henry, Kennedy, Marshal!,Megowan, Meriweiher, Pierce, Rilfe, Scriv-
ner, Seaton, Shanks, Shor^, Simpson, D. T, Smith, E. Smith, B. P. Thom¬
as, Thomp.son, Ward, Wickiiffe, S. Williams, Woolley, Yates, and S.
Young—.S7.
NAYS—Mr. Speaker, Messrs. Al^el, Chilton, Churchill, Collins,
Copeland, Culley, Delaney, Dvn'ap, English, Pulton, Harris, Harrison,
Hayden, Hauser, Heady, Hill, Hughes, Jennings, W. Johnson, Lee, Lu¬
cas, JIcAfcc, McDonald, M Fail, Matson, Maxey, Mayy Montgomerv,
Morgan, B. S. Morris, D. M >rris, Murray, Ozhorn, Nuttall, Patterson,
Pendleton, Pickett, Prince, Prymr, Rmld, Siinders, Shepherd, W. Smith,
Stevenson, W. Thomas, Thruston, D. 'White, J. White, and T. I. Young
—50.
The said bill was then committed to a select committee of
Messrs. U. White, Gorin, Harrison and Nuttall.
A bill to provide for tbc improvement of the road from Frank¬
fort, via. Lawrenceburg, Harrodsburg, Danville and Stanford to
Crab Orchard: was read Ihe first time, and ordered to he read a
second time.
And thereupon the rule of the house, constitutional provision,
and second reading of said bill having boon dispensed with, the
same was committed to the committee on internal improvements.
Mr Ewing, from the committee for courts of justice, reported a
hill providing for the election of members of Congress for this
state; and,
A hill prescribing a mode for vacating judgments recovered
against oi' in favor of deceased persons.
Which were received, and read the first time, and ordered to
he read a second time.
And thereupon the rule of the house, constitutional provision,
and second and third reading of said bills having been dispensed
with;
Resolved, That the said bills do pass, and that the titles thereof
bo as aforesaid.
Ordn-e.d, That the Clerk carry the said bills to the Senate and
request their concurrence.
Mr. S. 'Williams moved the following resolution:
Resolved, Tliat the operation of tiie rule of the house requiring
two-thirds to take a bill or resolution out of the regular orders of
the day be so amended, for the present, that a majority may take
up the resolutions from the Senate, in relation to the public lands,
the Bank of the United States, and the deposites of the Treasury.
And the question being taken on the adoption of the said reso-
tion, it was decided in the negative.
The yeas and nays being required thereon, by Messrs. McAfee
and S. Williams, were as follows:
YEAS—jMcssrs. S. II. Anderson, Bell, Boone, Collins, Cook, Coving¬
ton, Davis, Ewing, Faris, Gaines, Gorin, Green, Han.ser, Henry, Lee,
Marshall, Matson, Megowaii, Morgan, B. S. Morris, Pendleton, Pickett,
Kifle, Shanks, Short, D. T. Smith, E. Smith, W. Smith, B. F. Thomas,
Thompson, WickliiTe, S. Williams, J, White, Woolley, and Yates—35.
NAYS—Mr. Speaker, Messrs. Abel, A. Anderson, Bowling, Bram-
lett. Brown, Butler, Chilton, Churchill,'Copeland, Crow, Culley, Da¬
vidson, Delaney, Dunlap, English, Ford, Fulton, Harris, Harrison, Hay¬
den, Heady, Hill, Hughes, Innis, Jennings, W. Johnson, Kennedy, Lock¬
hart, Lucas, M’Afee, McDonald, M Fall, Maxey, May, Meriwether,
Montgomery, Murray, Ozborn, Nuttall, Patterson, Pierce, Prince, Pry¬
or, Sanders, Scrivner, Seaton, Shepherd, Simpson, Southgate, Steven¬
son, W. Thomas, Ward, J. Williams, D. White, S. Young and T. I.
Young—57.
The house then, according to the standing order of the day,
resolved itself into a committee of the whole house—Mr. S. II.
Anderson in the chair—and after some time spent therein, the
JOURNAL OF TIIE
[Jan. 1L
Jan. II.] HOUSE OF REPRESENTATIVES.
289
Speaker resumed tlie chair, and Mr. Anderson reported that the
committee had, according to order, liad under consideration a bill
to constitute a Board of Internal Improvement for Shelby county;
and, a bill to provide for the ordinary expenses of government: and
had made amendments to each; which he handed in at the Clerk's
table.
The former bill, with the amendments thereto, were laid on the
table.
The amendments to the latter bill having been concurred in:
the reading of the said bill, as amended, was called for; and the
sarhe was read as follows, viz:
Whereas, it is deemed expedient that the debt due from the
treasury to the Bank of the Commonwealth be discharged; that
the residue of the funds of the state in the Bank of Kentucky and
the Bank of the Commonwealth, be reserved for the purposes of
education, internal improvement, and other extraordinary calls
which may be made upon the resources of the country; and that
the revenue from taxation should be so increased as to meet the
ordinary expenses of the government.
Sec. 1. Be it enacted by the General Assembly of the Common-
•ixeallh of Kentucky, That the Cashier of the Bank of the Com¬
monwealth of Kentucky be, and he is hereby required to credit
the treasury^ with tlie amount that may be due from the treasury
to said bank, on the 10th day of October next.
Sec. 2. Be it further enacted, That it shall be the duty of the
several Sheriffs of this Commonwealth to collect, upon the valu¬
ation contained in the commissioner's returns, for the year 1833,
and for every year thereafter, after the rate of ten cents for every
hundred dollars, contained in the valuation of each individual's
property, subject to taxation on the nd valorem principle; and the
taxes collectable on the lands of non-residents shall be charged
and collected at the same rate. Each and every sheriff shall ad¬
vertise at the doors of their respective court-houses, on the first
day of the March and April courts held therein, the rate per 100,'
fixed by this act.
Mr. McAfee then moved to amend said hill by striking out the
whole of the first section after the enacting clause, and tiie enact¬
ing clause of the second section.
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon, by Messrs. McAfee
and Ewing, were as follows:
YEAS—Messrs. Abel, Bowling, Davidson, Delaney, Fulton, Gaines,
Harrison, W. Johnson, Kennedy, McAfee, M Donald, May, M ntgoiii-
ery, B. S. Morris, D. Morris, Ozborn, Patterson, Rudd, Seaton, Shep¬
herd, Stevenson, and J. Williams—22.
M2
290 JOURNAl. OF THE [Jan. 12.
NAYS— Mr. Speaker, Messrs. S. II. Anderson, Boone, Bramlett,
Brown, Bd'ier, Chillon, Churchill, Collins, Cook, Copeland, Crow, Cov¬
ington, C illey, Davis, Dunlap, English, Ewing, Faris, Ford, Gorin,
Green, Harris, Hayden, Hauser, Heady, Henry, Hill, Hughes, Iimis,
Jennings, G. W. Johnston, Lee, Loikliar', Lucas, M-Fall, Marshall,
Ml son, Maxey, Meriwether, Murray, Nutlall, Peinileton, Pickett,
Pier e, Prince, Pr\or, Rifle, Sunders, Scrivner, Shanks, Short, Simp¬
son, D. T. Smith, E. Smith, W. Smith, Southgate, B. F. Thomas, Thniup-
son, Thruston, Ward, Wickliffe, S. Williains, D. White, J. White, Wool-
ley, Yates, S. Young, and T. I. Young—G9.
iMr. Chilton then moved to amend the second section by strik¬
ing out the whole of said section after the enacting clause.
■Vnd the question being taken thereon, it wtis decided in the,
affirmative.
Tiie yeas and nays being required thereon, by Messrs. Chilton
and Green, were as follows, viz:
YEAS—Messrs. Abel, A. Anderson, S. II. Anderson, Bowling, Bram¬
lett, Chilton, Collins, Cotik, Copeland, Crow, Culley, Davidson, Davis,
English, Ewing, Faris, Ford, P'ulton, Gorin, Harrison, Hayden, Heady,
Hillj Hughes, Lockhart, McDonald, McFall, Ma.xey, May, Montgoni-
ory, Murray, Ozborn, Nuttall, Patterson, Pendleton, Pierce, Rifle, San¬
ders, S .rivner, Seaton, Shanks, Simpson, D. T. Smith, E. Smith, B. F.
Thomas, W. Thomas, Thompson, J. Williams, S. Williams, D. White,
J. White, Y'^ates, S. Young, and T. I. Young—54.
NAY'^S—Ml'. Speaker, Messrs. B>)one, Butler, Churchill, Covington,
Delaney, Dunlap, Gaines, Green, Harris, Hauser, Henry, Innis, Jen¬
nings, G. W. Johnston, W. Juhiison, Kennedy, Lee, Lucas, McAfee,
Marshall, Matson, Meriwether, B. S. Morris, D. Morris, Pickett, Prince,
Pryor, Rudd, Shepherd, Short, W. Smith, Southgate, Stevenson, Thrus-
ton. Ward, Wi'Llifl'e, an ! Woooey—SS.
And then the house adjourned.
SATURDAY, JAjXUARY 12, 1833.
A message was received from the Senate announcing their dis¬
agreement to bills which originated in this house, of the follow¬
ing titles:
.'tn act to authorise Elias Bazcll to build a mill on the Louisa
fork of Big Sandy river.
.\n act to a[ipoint commissioners to review the state road from
Owenton to Ghent, in Gallatin countv.
Jan. 1-2.] HOUSE OF REPRESENTATIVES.
291
The passage of bills which originated hi this house, of the fol¬
lowing titles;
An act to amend the law of evidence in prosecutions for for-
geij-
An act to incorporate the Franiclin Insurance Company.
An act to establisli a road from Louisville to the state line, in
a direction to Knoxville.
An act for the benefit of the sheriffs of Gallatin, Pendleton, and
Bath counties.
An act for the benefit of Sally Spillman.
An act to a.uthorise the establishment of a road from Ilarrods-
burg to the Lexington road from Bardstown, and for other pur¬
poses; and,
An act changing the boundary lines of the 72d Regiment of the
Kentucky iililitia: with amendments to the six latter bills.
And the passage of bills of the following titles;
An act to amend an act,approved Dec, 10, 1822, for the estab¬
lishment of a state road from Lexington to Ghent, on the Uhio
river.
An act to amend the law regulating the manumission of slaves.
An act for the benefit of Benjamin Tobin.
An act for the benefit of James Plincoe’s heirs.
An act for the benefit of the heirs of John Nalle, Jr.
An act to authorise the Bourbon county court to levy a tax on
the lands of the county.
A bill to provide for the ordinary expenses of government; was
taken up for consideration, in the regular orders of the day.
It was then moved and seconded to postpone the consideration
of said bill with a view to take up for consideration a preamble
and resolutions relative to the public lands, the Bank of the Uni¬
ted States, and the deposites of the treasury.
And the question being taken thereon, it was decided in the
affirmative.
The yeas and nays being required thereon,by Messrs. McAfee
and Green, were as follows, viz;
YEAS—Mr. SpEAKUK, Messrs. S. H. Anderson, Bell, Boone, Brown,
Butler, Chilton, CQllins, Cook, Covington, Culley, Davis, Ewing, Paris,
Gaines, Gorin, Green, Ilarri.s, Harrison, Hauser, Henry, Hill, fnnis,
Jennings, G. W. Johnston, Lee, Lucas, Marshah, Megowan, Morgan, B.
S. Morris, D. Morris, Pendieton, Pickett, Pierce, Pryor, Rill'o, Rudd,
Scrivner, Seaton, Shanks, Short, Simpson, D. T. Sini'h, E. Smith, South-
gate, B. F. Thomas, Thompson, Thruston, Wickliffe, J. White, Wuolley,’
Yates, and S. Young—54.
NAYS—Messrs. Abel, Bowling, Bramlett, Churchill, Copeland, Crow,
Davidson, Delaney, English, Ford, Fulton, Hayden, Heady, Hughes,
JOURNAL OF THE
5^92
[Jan. 1’2,
Jett, W. Johnson, Lockhart, McAfee, McDonald, Maxe)', May, Meri¬
wether, Montgomery, Murray, Ozhorn, Nnttall, Prince, Sanders, Shep¬
herd, Stevenson, W. Thomas, Ward, J. Williams, S. Williams, I). White,
and T. I. Young—36. ■
The said preamble and resolutions were, then taken up and
read as follows, viz:
Whereas, The President of the United States, in his message
to Congress on the second day of the present session, suggested
the propriety of the government of the United States surrender¬
ing to tlie new states respectively, all the waste and unap])ropria-
ted land within their limits: the same policy would lead to a sur¬
render of the public domain in the territories, whenever they
should come into the Union as states.
It becomes necessary for the other states to enquire into and in¬
vestigate the justice of such a measure; and to do that, the first
question for consideration is, liow did the government of the Uni¬
ted States become invested with the public lands? The history of'
the title is this: By the definitive treaty of peace with Great Bri¬
tain in, 1783, the boundaries of the United States and their Terri¬
tories are defined. The right and title of Great Britain to any of
the waste lands within those defined limits, were the joint pur¬
chase of tlie people of the United States, and for their common in¬
terest and benefit: the consideration paid was the treasure of the
people, and the best blood of the land. A number of the old thir¬
teen states had claims to land lying North of the Ohio, East of tlie
Mississippi, and South of the Lakes; these claims were surrendered
to the United States, to be held by her for the common good and
benefit of all. The CYiited States purchased Louisiana of the
Government of France, for the sum of fifteen millions of dollars:
the money paid was the common property of all the states. The
lands within the now States of Mississippi and Alabama wore, in
1802, purchased of Georgia by the United States. The consid¬
eration given was one million two hundred and fifty thousand dol¬
lars, and at the expense and cost of tlie United States, to extin¬
guish the Indian title to the lands within the limits of Georgia.
Subsequent to the cession of the land by Georgia, the Yazoo com¬
pany and Tennessee company set uji claim to a great part of the
land ceded by Georgia; the foundation of the claim of these
companies was, a corrupt bargain and cession of said land by-
Georgia to tliem, before the cession made to the United States.
Congress declared the claim of the Y azoo and Tennessee compa¬
nies void, on account of (he corruption and bribery practised by
those companies in obtaining the grant. The dispute was subse¬
quently decided by the Supreme Court of the United States in
favor of the validity of the claim; a compromise took place, and
the United States paid ^>5,000,000 for their claims. The whole
Jan. 12 .] HOUSE OF REPRESENTATIVES. 293
sum paid for that land is not less than .$‘10,000,000. Out of these
transactions has the unfortunate controversy grown up, between
the united States and Ocorgia: that state demanding a speedy
extinguishment of the Indian title, which tiie United States have
not been able to effect. For J lorida the United States naid Smin
*5,000,000, aboiil S10,000,0(«lliave been pnid lo ibe Indians
When the title is thus derived, is not the vacant land in the new
states and territories, common properly? Have they not been
paid lor with the blood and treasure of all the people of the state*’
And when the public debt is paid off and extinguished, for tlie
payment of which they were pledged by Congress, if not then re¬
tained lo defray in part the ordinary expendikircs of the govern-
ment, ought not the proceeds, after paying the cost of surveying,
selling, &c. be divided among the States? Surely every man
must answer these questions in tlie affirmative.
What claim have the new states to the land within their limits’
By the compact made by each state with the United Slates, upon
obtaining permission to become a state, it is expressly stipulated
that the United States shall own and sell, at will and pleasure, the
public lands. This article in the compact is a fiiiidamental part of
their constitution, being accepted and ratified in convention.
It IS alleged by some, that this article in the compact interferes
with the great and unalienable right of sovereignty, and is there-
tore void. 1 here IS nothing in this point. The'United States
was competent to make such a contract, and so were the states.
It is a fit subject of contract between governments; as much as
?>etween France and America, and the cession
of riori Ji by Spam, to the United States. The constitutionality
and validity of this article, in the compacts with the new statc*
have been virtually rccognised by the courts of the Union and ol’
den '■‘‘^JuJication upon lands patented by the Presi-
In point of justice, what claims have the new states to the land’
The answer is-surely none. In the compacts made with the
ixteenfir^ "I’tained already one
tho * r five per centum upon the sales of
«bout one eighth part.
These donations were bounties, and not based on the principle
o jst.ee. When, n addition to that, the new states^ olSncId
then proportion of the residue, according to federal numbers jus¬
tice and liberality will have been meted out to them with an over-
be^iffiT'”'"’ " to
As It respects Kentucky, she has had no part of the public mo
nuy; no part of the public lands~her people are the\iewers of
JOURNAL OF TflE
‘Ml
[Jan.
wood and drawers of water. It may be asked, is it her interest
to sit by, and tamely surrender her right in the jnildic lands, be¬
cause the new states may rei|uire it, and a President may will it?
Every man who has the interest of his state at heart, will answer,
no. 'Let it be asked, what would be the amount of the interest
of Kentucky in the public lands, when distributed according to
federal numbers'? The answer is, not less than ten millions ol dol¬
lars; which sum, judiciously laid out, as annual distributions should
be made, would clear out the obstructions in her rivers and make
them navigable, turnpike her roads, and endow her schools, semi¬
naries, colleges and universities, and render the country lich, by
the circulation of the money among the people for their work, pro¬
visions, &c.; wherelbre,
1. Be it resolved, by the General Assembly of the Commoimealth
of Kentucky, Tlikt the public lands of the United States are not,
of right, the property of the particular states in which they lie,
nor that of the people of such states; and therefore the Congress of
the United States ought not to cede such lands to such states, or any
of them, or to appropriate such la7ids for any purpose whatever, but in
behalf and for the. benefit of the people of all the states.
2. " Resolved, That so soon as the national debt is paid off, all
monevs arising from the sales of the public lands, after defraying
the expenses incident to the sales, ought to be distributed among
the several states, according to the federal numbers of each state.
3. Resolved, That the General Assembly of the state of Ken¬
tucky deem a Bank of the United States, so constituted and or¬
ganized as to secure to the nation the maintenance of a sound,
wholesome, and convenient currency, indispensable to the prosper¬
ity of the country; and that the nation cannot dispense with such
a bank, without a certain prospect of private and public, distress;
and therefore instruct their Senators and request their Represen¬
tatives, in the Congress of the United States, to use all just and
constltulional means to sustain the Bank of the United Slates in its
credit and usefulness, and in all its rights and privileges, under its
charter; and do further instruct their Senators and request their Rep¬
resentatives to use their best endeavors to procure, and that they vote for,
the passage of an act of Congress rechartering said bank.
4. Resolved, further. That the General Assembly of the State
of Kentucky, have seen with surprise, and view with regret, the
efforts made to embarrass the Bank of the United States in its
operations, and to force unnecessarily the bank to withdraw its
funds from circulation, and to i educe its discounts, to the great
oppression of its debtors, and to the injury of every brancli of
trade and labor.
5. Resolved, That the General Assembly of the State of Ken¬
tucky highly disapprove of all elllirts to destroy the credit and
standing of the Bank of the United States, by representing or in-
Jan. 12.] HOUSE OF REPRESENTATIVES.
295
smuating that said institution is insolvent, and that it was no longer
safe to make the public depositcs in said bank or its branches;
thereby injuring not only the credit of the bank, but seriously af¬
fecting the interest of individual stockholders, and the labor and
industry of the country.
0. Resolved, further. That tliis General Assembly condemns the
effort of the President of the United States and the Secretary of the
Treasury, in their attempts to place the public funds into private
or state banks instead of the National Bank, as tending greatly to
endangtSr the safety of the public funds, to increase, injuriously to
the public, the power and patronage of the President and said
Secretary, and as ruinous to jtublic confidence and the safety of a
national currency.
7. Resolved, therefore. That we instruct our Senators and request
our Representatives in Congress, to use all lawful and constitu¬
tional means to prevent the public depositcs from being withdrawn
from the Bank of the United States, and placed in pi ivate or state
banks, or elsewhere, at the discretion of the President or said Sec¬
retary of the United states.
8. Resolved, That in the opinion of this General Assemblv, an
institution such as is proposed by the President of the United
States, in his annual message of 1830, that is to say, “a National
Bank,” founded “on the credit of the government and its reve¬
nues,” would be a dangerous institution, calculated to enlarge the
powers of the Executive Department, and put to hazard the best
interests of the peojde of the United States.
9. Resolved, That copies of the foregoing resolutions be for¬
warded, by the Governor, to tlie Executives of the several states,
witl) a request that they lay the same before the legislatures of
the states respectively; also, a copy to each of our Senators and
Representatives in the Congress of the United States, with a re¬
quest that they lay the same before each branch of the National
l.egislature.
Mr. McAfee then moved to amend the fii-st resolution by strik¬
ing out the words printed in italics, and inserting in lieu thereof
the following words:
Resolved, That the Congress of the United States may rightful¬
ly dispose of said lands, or the money arising from the sales there¬
of, as other revenues for the general welfare.
And the question being taken on adopting the proposed amend¬
ment, it was decided in tlie negative.
The jeas and nays being required thereon, by Messrs. McAfee
and Green, were as follows:
YEAS—Messrs. Abel, Bowling, Bramlett, Copeland, Crow, David¬
son, Delaney, English, Ford, Fulton, Hayden, Heady, Hughes, Jett, VV.
Johnson, Lockhart, McAfee, McDonald, McFall, Maxey, May, Meri-
•290
JOURNAL OF THE
[Jan. 12.
wothcr, Montgomery, Ozboni, Nuttall, Prince, Sunders, Stevenson, W.
Tli 'inus, Ward, .1. Williams, 1). Wliite, and 7’. 1. Young—33.
NAYS—Mr. Sprakur, Messrs. S. II. Anderson, BolUBi^one, Brown,
Butler, Chilton, Collins, Cook, Covington, Culley, Davis, Ewing, Faris,
Gaines, Gorin, Green, Harris, Harrison, Hauser, Henry, Hill, Innis,
Jennings, G. W. Johnston, Lee, Lucas, Marshall, Megowan, Morgan, B.
S. Morris, D. Morris, Pendleton, Pickett, Pierce, Pryor, lliffe, Rudd,
Scrivner, Seaton, Shanks, Shepherd, Short, Simpson, D. 'P. Smith, E.
Smith, Southgate, B. F. Thomas, Thompson, Thruston, Wicklifl’e, S.
WilliaiiLs, .1. White, JVoolley, Yates, and S. Young—.515.
The question was then taken on the adoption of the first reso¬
lution, which was decided in the affirmative.
The yeas and nays being requii-cd tliereon, by Messrs. B. S.
Morris and McAfee, were as follows, viz:
Y^EAS—Mr. Speakek, Messrs. Abel, S. H. Anderson, Bell, Boone,
Bramlctt, Brown, B itler, Chilton, Collins, Cook, Covington, Davis, De¬
laney, Ewing, Faris, Ford, Gaines, Go.rin, Green, Harris, Harrison,
Hayden, Hauser, Henry, Hill,^ Hughes, Innis, Jennings, G. W. Jolm-
-Kton, Lee, Lucas, McFall, Marshall, Maxey, Megowan, Meriwether,
Morgan, B. S. Morris, D. Morri.s, Murray, Pendleton, Pickett, Pierce,
Pryor, Riffc, Iludd, Scrivner, Seaton, Shanks, Shepherd, Short, Simpson,
D. T. Smith, E. Smith, Southgate, B. F. I’liomas, W. Thomas, Thompson,
Thruston, Ward, Wicklift’e, S. Williams, D. White, J. White, Woolley,
Yates, S. Young, and 'I'. 1. Young—G!).
NAYS—Messrs. Copeland, Crow, Culley, Davidson, English, Fulton,-
Heady, Jett, W. Johnson, Lockhart, McAfee, McDonald, May, Mont-
;gomery, Ozborn, Nuttall, Prince, Sanders, Stevenson, and J. Williams
— 20 .
Mr. McAfee tlien moved to amend the second resolution by ad¬
ding thereto the following words:
Provided, The public exigences and the general welfare should
not require such moneys to be otherwise disbursed.
And the question being taken on adopting the proposed amend¬
ment, it was decided in the negative.
The yeas and nays being required thereon, by Messrs. McAfee
and B. S. Morris, were as follows, viz:
YEAS—Messrs. Abel, B.)wling, Bramlett, Copeland, Crow, Culley,
Davidson, Delaney, English, Ford, Fulton, Heady, Hughes, Jett, W.
.lohnson, Lockhart, McAfee, McDonald, McFall, Maxey, May, Meri¬
wether, Montgomery, Murray, Ozborn, Nuttall, Prince, Sanders, Shep¬
herd, Stevenson, W. Thomas, Ward, J. Williams, D. White, and T. I.
Vffiung—35.
1
Jan. 12.J HOUSE OF REPRESENTATIVES. 297
^AYb Mr. Speaker, Messrs. S. H. Anderson, Bel!, Boone, Brown,
Butler, Chilton, Collins, Cook, Covington, Davi.=, Ewing, Paris, Gaines,
Gorin, Green, Harri.s, Harrison, Hauser, Henry, Hill, Innis, Jennings,
G. \V. Johnston, Lee, Lucas, Marshall, Megowan, Morgan, B. S. Mor¬
ns, D. Morris, Pendleton, Pierce, Pryor, lliffe, Rudd, Scrivner, Seaton,
Shanks, Short, Simpson, D. T. Smith, E. Smith, Southgate, B. F. Thom¬
as, Thompson, Thruston, WickiifTe, S. Williams, J. White, Woollej-,
Yates, and S. Young—53.
The question was tlien taken on the adoption of the second res¬
olution, which was decided in the affirmative.
The yeas and nays lieing required thereon, by Messrs. Marshall
and W. Johnson, were as iollows, viz:
YEAS—Mr. Speaker, Messrs. S. H. Anderson, Bell, Boone, Brown,
Butler, Chilton, Collins, Cook, Covington, Davis, Ewing, Faris, Gaines,
Gorin, Green, Harris, Harrison, Hauser, Henry, Innis, Jennings, G. \V.
Johnston, Lee, Lucas, Maxey, Megowan, Meriwether, Morgan, B. S.
Morris, 1). Morns, Murray, Pendleton, Pickett, Pierce, Pryor, Riffe,
Rudd, Sanders, Scrivner, Seaton, Shanks, Shepherd, Short, Simpson’
D. T. Smith, E. Smith, Southgate, B. F. Thomas, W. Thomas, Thomp¬
son, Thruston, Wickliffe, S. Williams, D. White, J. White, Woolley, Yates
S. Young, and T. 1. Young—60. ’
NAIS—iMessrs. Abel, Bowling, Bramlett, Copeland, Crow, Delaney,
English, Fulton, Heady, Hughes, Jett, W. John.son, Lockhart, McAfee’
McDonald, Marshall, May, Montgomery, Ozborn, Prince, Steveiwon’
Ward, and J. Williams—23. ^ ’
iMr. Murray then moved to amend the third resolution by strik-
mg out the words printed in italics and inserting in lieu thereof
the lolloping:
Strike out the residue of the resolution, after the words “con¬
stitutional means,” in the ninth line, and insert the followit-o--
1 o procure the establishment of such a bank, so orgunizid and
so constituted, as to exclude foreigners from holding stock in said
bank, either directly or indirectly.
And the question being taken on adopting the said amendment,
it was decided in the negative.
The yeas and nays being required thereon, by Messrs. Murrav
and Harris, were as follows, viz: ^
YEAS—Messrs. Alicl, Bowling, Bramletf, Copeland, Crow, Culley
Davidson, Delaney, English, Ford, Fulton, Headv, Hughes, Jett w’
Johnson, Lockhart, McAfee, M Donald, Maxey; May, Meriwcdie,-;
Montgomery, Murray, Ozborn, Niutall, Prin.;c, Sanders, Sliejihord, e’
bmidi, Stevenson, W. Thomas, Ward, J. Williams, S. Williams D White
and T. 1. Young—36.
N2
JOUHNAl. OF THE
ston, Lee, Lucas, jMatshaL, Megowun^M^'gtiH) B. S. Morns, D. M >rns,
Pemilei .'n, Pidie Pier: e, Pryor, Ritic, Rodd, S -rivner, Seaton, Shanks,
Shirt, S.rapson, D. T. Sin'h, S uitlign'e, 13. F. Thomas, Thompson,
Thrustoii, WickhfFo, J. White, Woolley, Yates, and S. Young—51.
Mr. McAfee then moved to amend said resolution by striking
out tiie whole thereof, after the woi’ds “United Slates,” in the se¬
cond line, and inserting in lieu ihe.rcof the following words:
Org mized as the present United States Bank, is unconstitution¬
al in some of its provisions, and corrupting in its operations; not¬
withstanding a Bank of the United States may be so constructed
that the same will he convenient, nece.ssary and proper to aid the
Treasiirv Itepartment of the United States in the collection and
disbursement of the public revmnuc; and that a Bank of the Uni¬
ted States, iiroperly organiz (1 and managed, may he conducive to
a sound and wholesome currency in the United States,
And the question being taken on adopting the proposed amend¬
ment, it was decided in the negative.
Tlie veas and nays being required thereon, by Messrs. McAfee
and E. Smith, were as follows:
YEAS—Messrs. A'.'el, Bowling, Copeland, Gulley, Davidson, Dela¬
ney, English, Ford, Fulton, Heady, Hughes, Jett, W. Johnson, Lock-
har:, M Afee, M Donald, Maxey, May, Montgomery, Murray, Ozhorn,
Ni'ttall, Prince, Sanders, W. Thomas, J. Williams, D. White, and T. I.
Young—28.
NAYS —Mr. Speakek, Messrs. S. H. Anderson, Bell, Boone, Bram-
leu. Brown, Buiier, Chilton, Collins, Cook, Crow, Covington, Davis, Ew-
inz, Fa.'is, Gorin, Green, Harris, Harrison, Hauser, Henry, Hill, Iimis,
G. W. Johnston, Lee, Lu -as, Marshall, Meg.iwan, Meriwether, Morgan,
B. S. Morri.s, D. M u ris, Pendleton, Picked, Pierce, Pryor, Rifle, Rudd,
Scrivner, Seaton, Shanks, Shepherd, Short, Simpson, D. T. Smith, E.
Smi h, Southgate, B. F Thomas, Thompson, Thruston, Ward, Wickliffe,
Jan. 1-2.] HOUSE OF REPRESENTATIVES. 299
YEAS—Messrs. Abel, Bowling, Branilett, Chilton, Copeland, Crow,
Culley, Davidson, English, Ford, Harrison, Heady, Hill, Hughes, W.
Joiinson, McAfee, M Donald, Ma>, iVleriweihei, Montgomery, Murray,
Ozhorn, Nut^ail, Prince, Earaiers, Sliepherd, E. Siniih, Sou.hgate, Sic-
venson, W. Thomas, Thompson, Thrnston, VVarc, J. Williams, S. Wil¬
liams, D. White, and T. 1. Young—37.
NAYS— ^Mr. Speaker, Messrs S. H. Anderson, Bell, Boone, Butler,
Collins, Cook, Covington, Davis, Delaney, Ewing, Farii-, Fulton, Caines,
Gorin, Green, Harris, Hauser, Heni\, innis, Lee, Lockhart, Lucas,
Marshall, Morgan, B. S. Morris, D. Morris, Pendleton, Picke Pierce,
Pryor, Rilie, Rudd, S rivnei, Seaton, Shank,-, Siiur., Simpson, D T
Smith, B. P'. Thomas, Wickiiiie,J. While, Woollej , Yates, and S. Young
—45.
Mr. Stevenson then moved to amend the said resolution by ad¬
ding thereto the following words:
So modified as to exclude the bank from holding real estate in
the government of ti e United States, unless by the consent of tiie
legislature of any state in which such real estate may lie.
And the question being taken on the adoption of the proposed
amendment, it was decided in the negative.
The yeas and nays being required thereon, by Messrs. Steven¬
son, and W. Johnson, were as follows, viz:
YEAS—Messrs. Abel, Biwling, Branilett, Copeland, Crow, Culley,
Davidson, Delaney, Englisli, EMi'd, P'ultoii, Heady, Hughes, W. John¬
son, Locithari, McAfee, McDonald, Ma.vo}-, May, Meriwethei-, M -nt
gomery, Oznorn, Nultall, Prince, Sanders, Shepherd, Stevenson, W.
Thomas, Ward, J. Williams, and T. I. Young—31.
NAYS—Mr. Speaker, Messrs. S. H. Anderson, Boone, Butler, Chil¬
ton, Collins, Cook, Covington, Davis, Ewing, Faris, Gaines, Gorin,
Green, Harris, Harrison, Hauser, Henry, Hill, liinis, Jennings, Lee, Lu¬
cas, Marshall, Megowaii, M >rgaii, B. S. Morris, D. Morris, Pendlet n,
Pickett, Pierce, Pryor, Rifle, Ru.ld, S. rivner, Seaton, Shanks, Sliorq
Simpson, D. T. Smith, E. Smith, Southgate, B. F. Thomas, Tliompson,
Thrustoii, Wickiifle, S. Williams, J. White, Woolley, Yates, and S. Young
—51.
Mr. Davidson then moved to amend said resolution by adding
thereto the following words:
So modified as to prevent the loan of money or negotiable pa¬
per discounted, except upon personal security; and tliat in the
event of said bank becoming possessed of any real estate, except
for banking purposes, shall dispose of the same witliin ten years,
or the same shall be forleitcd to the stale in wliich such real es¬
tate may be.
300
JOURNAL OF THE
And tlie question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon, by Messrs. E. Smith
and Davidson, were as i’ollows, viz:
YEAS—Messrs. Abel, Bowling, Bramlett, Copeland, Crow, Dc.vidson,
Delaney, English, Ford, Fulton, Heady, Hughes, W. Johnson, Lockhart,
IMcAtee, McDonald, Ma.xey, May, Montgomery, Murray, Ozhorn, Nut-
tall, Prince, Sanders, Shepherd, E. Smuh, Stevenson, W. 'I'homas, Ward,
J. Whlliains, and T. 1. Young—31.
NAYS—Mr. Si'E.vKEK, Messr.s. S. H. Anderson, Bell, Boone, Brown,
Butler, Chilton, Collins, Cook, Covington, Culley, Davis, Ewing, Faris,
Gaines, Gorin, Green, Harris, Harrison, Hauser, Henry, Hill, Innis,
Jennings, G. W. Johnston, Lee, Lucas, Marshall, Megowan, Meriweth¬
er, M.organ, B. S. M.rrris, D. Morris, Pendleton, Pickett, Pierce, Pryor,
Rdle, Rudd, Scrivner, Seaton, Shanks, Short, Simpson, D. T. Smith,
Soutligate, B. F. Thomas, Thompson, Thriiston, Wicklifib, S. Williams,
D. White, J. White, WAolley, Yates, and S. Young—56.
The question was then taken on the adoption of the said third
resolution, which was decided in the affirmative.
The yeas and nays being required thereon, by Messrs. Mcrlfee
and B. F. Thomas, were as follows, viz:
YEAS—Mr. Speaker, Messrs. S. H. Anderson, Bell, Boone, Bram¬
lett, Brown, Butler, Chilton, Collins, Cook, Covington, Davis, Ewing,
Faris, Gaines, Gorin, Green, Harris, Harrison, Hauser, Henry, Hill,
Innis, Jennings, G. W. Johnston, Lee, Lucas, Marshall, Megowan, Mor¬
gan, B. S. Morris, D. Morris, Pendleton, Pickett, Pierce, Pryor, Rifle,
Rudd, Scrivner, Seaton, Shanks, Short, Simpson, D. T. Smith, E. Smith,
Southgate, B. F. Thomas, Thompson, Widdift'e, S. Williams, J. White.
Woolley, Yates, and S. YAung—54.
nay S—Messrs. Abel, Bowling, Copeland, Crow, Ctdley, David.son,
Dc'laney, English, Ford, Fulton, Heady, Hughes, W. Johnson, Lockhart,
McAfee, McDonald, Maxey, Meriwether, Montgomery, Murray, Oz-
born, Nuttall, Prince, Sanders, Shepherd, W. Thomas, Ward, J. Wil¬
liams, D. IVhite, and T. I. Young—32.
Mi. Chilton then moved to amend the said resolutions by e.x-
punging the fourth, fifth and sixth resolutions, and substituting the
following in lieu thereof, viz:
hcsolvcd, further, That in the opinion of this legislature, the
present Bank of the Lhiited States is solvent, and that it is safe
to make the public deposites therein, or- its branches; and that
any attempt to hasten the withdrawal of its funds from circula¬
tion, or increase its calls upon its debtors, or to curtail its discounts.
301
Jan. 1J.J HOUSE OF REPRESENTATIVES.
will operate an injury to the agricultural, mechanical, and com¬
mercial interests of the country.
A division of the question was crdled for, and the question put
on striking out said iourth, hfth and sixth resoulutions, which was
decided in the negative.
The )eas and nays being required thereon, by Messrs. McAfee
and Chilton, were as follotvs:
yeas Messrs. Abei, Buwiing, Branilett, Chilton, Copeland, Crow,
Davidson, Delaney, English, Ford, Fidfoii, Hirrison, Heady, Hill’
Hughes, Jett, Lockhart, M’Afee, M-Donald, McFall, Ma.vey, Muy,
Meriwether, Montgomery, Murray, OzLorn, Nuttall, Prince, Rifle, San¬
ders, Shepherd, E, Smith, W. Tlioma.-, Wan’, J. Williams, S. Williums,
D. White, and 'P. L Young—38.
NA\S Mr. SPB.VKEK, Messr-s. S. li. Anderson, Bel!, Boone, Brown,
Butler, Collin;-, Cook, Covington, Culiey, Davis, Ewing, Paris, Gaines,
Gorin, Green, Harris, Hauser, Henry, InnL, Jennings^ G. W. Jobn.ston.
Lee, Lucas, Marshall, Megowan, Morgan, B. S. Morris, D. Morris,
Pendleton, Pic-kett, Pierce, Pryor, Scriiner, Seaton, Shanlts, Short,
Simpson, D. T. Smith, Southgate, B. F. Thomas, l’homp.=on, Thrus-
ton, WickJifle, J. White, Woolley, Yates, and S. Young—48.
The fourth and fifth resolutions were then severallv adopted.
Mr. Brown then moved to amend the sixth resolution by strik¬
ing out the whole thereof, after the word ^'resolved,'' and inserting
m lieu thereof the following words: ”
TTlegislature has entire confidence in the Bank of the
United States as a place of safe deposite for tlie nafional fui.ds;
and that they view with regret any intimation of an intention to
transfer those funds to any other institution.
A division of the question was called for, and the question fir4
put on striking out, which was decided in the nllirmative.
The yeas and nays being required thereon, by MessrL Headv
and brown, were as follu'.'s, viz:
YEAS—Mr. Speaker, Messrs. Abel, Bawling, Branilett, Brown, Cliil-
ton, Copelana, Crow, Cuiley, Davidson, Davi.s Delaney. Entrlish, Ford
Fulton, Harrison, Heady, Hill, Hughes, Lockharl, McAfee, McDonald!
McFall, Maxey, May, Meriwether, Montgomery, Murray, Ozborn, Nut-
tail, Prince, Riffe, Sanders, Shepherd, Simpson, D. T. Smidi, E. Smith
SoiUhgatc, W. Thomas, Ward, J. Williams, D. Wliite, and T. 1. Yuuii<r
—
NAYS-Messrs. S. H. Anderson, Bell, Boone, Butler, Collins, Cook
Covington, Ewing, Fans, Gaines, Gorin, Green, Harri.s, Hau.scr, Henry’
Lmis, Jennings, G. W. Johnston, Lee, Lucas, Marshall, Megowan, Mo;’
gan, B. S. Morns, Pendleton, Pickett, Pierce, Pryor, Rudd, S'.rivner.
JOURN VL OF THE
3oa
[Jan. 12.
Seutoii, Shniikp, Short, B. F. Thom i.=, Tlioiiipsoii, Thniston, WickiitTe,
S. Wiiliiitns, .f. VViiite, Woohey, Ya.es, anil S. Young—'12.
The question was then taken on the adoption of the amend¬
ment proposed, which was decided in the negative.
Mr. B. F. Thomas tlien moved to lay the said preamble and
resolutions on the table until the tirst day of June next.
And the question being taken tiiereon, it was decided in the
negative.
The yeas and nays being required tiiereon, by Messrs. Crow
and B. F. 'riiornas, were as follows, viz;
YEAS—Messrs. Abel, Bowling, Brainlett, Copeland, Crow, Culley,
Davidson, Delaney, English, Ford, Fulton, Heady, Hughes, Jett, Lock¬
hart, M Afee, McDonald, M- Fail, Maxey, May, Meriwedier, M m gom-
ery, M irray, Ozhorn, N.ittall, Prince, Sunders, Shepherd, B. F. Thomas,
W. Thomas, VVard, J. Williams, S. Williams, D. Wliiie, and T. I. Young
—3.3.
NAYS—Mr. Sphakek, Messrs. S. H. Anderson, Bell, Boone, Brown,
Butler, Chilton, Collins, Cook, Covington, Davis, Ewing, Paris, Gaines,
Gorin, Green, Harris, Harrison, Hauser, Henry, Hill, Innis, Jennings,
G. W. Johnston, Lee, Lucas, Megowan, Morgan, B. S. Morris, D. Mor¬
ris, Pendleton, Pickett, Pierce, Pryor, Rifle, Rudd, S.irivner, Seaton,
Shank.', Short, Simpson, E. Smith, Southgate, Thompson, Thruston, J.
White, Woolley, Y'ates, and S. Young—49.
Mr. I). T. Smith, from the majority on the vote by which the
sixth resolution was.struck out, moved a reconsideration of said
vote.
And the question being taken thereon, it was decided in the
affirmative.
The question was then again put on striking out the said sixth
resolution, which was decided in the negative.
The yeas and nays being required thereon, by Messrs. D. T.
Smith and Murray, w'ere as follows, viz;
YEA.S—Mr. Speaker, Messrs. Abel, Bowling, Bramlett, Brown, Chilton, Copeland,
Crow, Culley, Davidson, Davis, Delaney, English, Ford, Fulton, Harrison, Head)',
Hughes, .lett, Lockhart, McAfee, .VIcDonald, McFall, .Maxey, May, Meriwether, Mont¬
gomery, Murray, Ozhorn, Nuttall, Prince, Riffe, Sanders, Shepherd, Simpson, E. Smith,
Southgate, \V. Thomas, Ward, J. Williams, D. White, and T. I. Young—42.
NAYS—Messrs. S. H. Anderson, Bell, Boone, Butler, Collins, Cook, Covington, Ew¬
ing, Fans, Gaines, Gorin, Green, Harris, Hauser, Henry, Innis, .Jennings, G. W. .Tohn-
ston, Lee, Lucas, Marshall, .Megowan, Morgan, B. S. Morris, D. Morris, Pendleton,
Pickett, Pierce, Pryor, Rudd, Senvner, Seaton, Shanks, Short, B. F. Tliomas, Phomp-
son, Tliriiston, Wickliffe, S. Williams, .T. White, Woolley, Yate.s, and S. Young—43.
The seventli resolulion was then read and adopted.
The eighth resolution having been read: ,
I
Jan. 12.1 HOUSE OF REPRESENTATIVES. 303
Mr. McAfee then moved to amend flic same hj striking out the
whole thereof, after the woi d ‘‘moA'cc/,” and inserting in lieu there¬
of tile following words;
That should t’ongress determine to recharter the present hank,
or any other Bank of the United States, it should be so construct¬
ed that neither the Government of the United States ot the offi¬
cers of said bank should he permitted to prostitute its inlluence
to the enlargement of the executive patronage, or interfere with
tlie right of suffrage in the elections of the several states.
A division of the question was called for, and the question was
put on striking out, which was decided in the negative.
The yeas and nays being required thereon, by Messrs. McAfee
and S. Williams, were as follovvs, viz;
YEA'S—Messrs. Abel, Bowling, Brainlett, Copeland, Crow, Culley, Davidson, De¬
laney, English, Ford, Fulton, Heady, flnghes, Jeiq Lockhart, McAfee, McDonald, Mc-
Fall, Maxey, May, Meiiuether, Montgomery, Murray, Ozborn, Wuttall, Prince, San-
der.s, ahepherd, E. Smith, W . Thomas, Ward, J. Williams, D. White, and T. I.
Young—34.
NAVS—Mr. SfE.vKEii, Messrs. S. ft. Anderson, Bell, Boone, Brown, Butler, Chil¬
ton, Collins, Conk, Co\ ington. Da' is, Ewing, Paris, (Jaines, Gorin, Green, Harris, Har¬
rison, I lauser, Henry, Innis, Jennings, G. W. Johnston, I.ee, Lucas, Marshall, Megowan,
Morgan, B. S. Morris, D. Morris, Pendleton, Pickett, Pierce, Pryor, Kifte, Rudd, Slciiv-
ner, t'eaton, .'-hanks. Short, Simpson, D. 'P. Smith, t-outhgate, B.. F. Thomas, Thomp¬
son, Thruston, Wicklifle, S. Williams, J. W hite, WMolley, Yates, and S. Young— 52 ,
Mr. McAfee then moved to amend the said resolution by add¬
ing thereto the following proviso;
Provided, That should Congress determine to rccharfer the pres¬
ent bank, or any otlier Bank of the United States, it should be so
constructed that neither the Government of the United States or
the officers of said hank should be permitted to prostitute its in¬
fluence, to the enlargement of the executive patronage, or inter¬
fere with tlie right of suffrage in the elections of the several states.
And the question being taken on the adoption thereof, it was
decided in the negative.
The yeas and nays being required thereon, by Messrs. McAfee
and Brown, were as follows;
YEAf?—Messrs. Abel, Bowling, Brainlett, Copeland, Crow, Davidson, Delaney', Eng¬
lish, Ford, Heady, Hughes, Jett, Lockhart, Mc.tifce, McDonald, McFall, Maxey, May,
ftleriwether, Montgomery, Murray, Ozborn, Nuttal), Prince, Sanders, Shepherd, W.
Thomas, W'ard, J. Williams, ami T. I. Young—30.
NAYS—Mr. Speaker, Messrs. S. Ft. Anderson, Bell, Boone, Brown, Butler, Chil¬
ton, Collins, Cook,Covington, Culley, Davis, Ewing, Paris, Gaines, Gorin, Green, llairls,
Harrison, Hauser, Henry, Hill, Innis, Jennings, G. W. Johnston, Ijee, Jjupas, Megow-
an, Morgan, B. S. Morris, D. Morris, I’endleton, Pickett, Pierce, Pryor, RilTe, itudd,
Scrivner, Seaton, Shanks, Short, Simpson, D. '1'. Smith, E. Smith, t'ontligale, B. F.
Thomas, Thompson, Thruston, Wickliffe, S. Williams, J. White, Woolley, Yate.s, and
S. Yeung—54.
JOURNAL OF THE
jvir. Gorci moved the previous question; that the main question
be now put? It was decided in tlie afiirmative.
File yeas and nays being required thereon, by Messrs. l‘'ord
■and Gorin, were as follows:
^ Mr. Speaker, Messrs. S. H. Anderson, Bell, Boone, Brown, Butler, Chil¬
ton, Collins, Cook, Covington, Culley, Davis, EvAng, Faris, Gaines, Gorin, Green, Har¬
ris, t.aiiison, Hauser, Henry, Hill, liinis, Jennings, G. \V. Johnston, Lee, Lucas, Mar¬
shall, iMcgo-.van, Morgan, B. S. Morris, D. Morris, Pendleton, Pickett, Pierce, Pryor,
Riffe, Rudd, ficrivner, Seaton, Shaitks, Short, Simpson, D. T. Smith, Southgate, B. F.
'.riiomas, Thompson, Thruston, Wickliffe, S. Williams, D. White, J. White, Woolley,
Yates, and .S. A'oung—55.
--^hel. Bowling, Bramlett, Copclaml, Crow, Davidson, Delaney,
English, Ford, Fulton, Heady, Hughes, Lockhart, JIcAfee, McDonald, McFall, Max-
ey. May, Meriwether, Montgomery, Murray, Ocborn, Prince, Sanders, Shepherd, E.
Smith, W. Thomas, W'ard, J. Williams, and T. I. A'oung—30.
[he main question, viz: on the adoption of the eighth resolu¬
tion, was accordingly put, and decided in the affirmative.
The yeas and nays being required thereon, by Messrs. Ewine;
and McAfee, were as follows:
YE,LS—Jlr. SPE.VKEK, Messrs. S. H. Anderson, Bell, Boone, Brown, Butler, Chil-
ton, Collins, Cook, Culley, Davis, Ewing, Faris, Gatnes, Gorin, Green, Harris, Harri¬
son, Hauser, Henry, Hill, Innis, Jennings, G. W'. Johnston, Lee, Lucas, Marshall, Me-
gowan, Morgan, B. S. iMorris, D. Morris, Pendleton, Pickett, Pierce, Pryor, Pviffe, Rudd,
fccriviier, Seaton, Shanks, Short, Simpson, D. T. Smith, Southgate, B. F. Thomas,
Thompson, 'I’hruston, AVickliffe, S. -WiUiams, J. White, Woolley, Abates, and S.
Young—53.
' ■
!
Jan. i2.] HOUSE OF REPRESENTATIVES. 305
Rudcl Scrivner, Seaton, Shanks, Short, Sinnpson, D. T. Smith, E. Smith, Southgate, R
& Woolley, Yates,
iuOon- additional reso-
Kentucky. 1 hat should the Congress of these United States d-i=s
a law renewing the charter of the United States Bank, that the
c lartei of said institution should be so modified as to exclude for¬
eigners from holding any stock in said institution.
rl. I the adoption thereof, it was
decided in the negative. ’
anr! Days being required thereon, by Messrs. English
and Yates, were as follows; °
Crow, Davidson, Delaney, Eng-
V ^ ^“‘‘hart, McAfee, McDonald, McFall, Maxey,
May, Murray Oxborn, Nnttall, Sanders, Shepherd, E. Smith, W. Thomas, Ward, J.
Williams, S. Williams, and T. I. Young_;J9. * ’
ion^rnn’^r'\^ Brown, Butler, Chil¬
ton, Collms, Cook, Covmgton, Colley, Davis, Ewing, Farrs, Gaines, Gorin, Green, Ilar-
slatf G. -W. Johnston, Lee, Lucas, Mar¬
shall, Morgan, B. S Morris, D. Mortis, Pendleton, Pickett, Pierce, Pryor, liiffe, Itudd
- Senvner, Seaton, Shanks, Short, Simpson, D. T. Smith, Southgate, b! F. IJ.omaf
Thompson, Throston, Wickliffe, J. White, D. White, Woolley, Yates, and S. Young
The ninth resolution was then adopted.
Ihe question was then taken on adopting the preamble, which
M’as decided in the a&irmative. ^ ’
Phe yeas and nays being required thereon, by ^Messrs. Sanders
and Davidson, were as follows: ‘^aiiaeis
.o.r?^t:?' f H- A"'’--', Bell, Boone, Brown, Butler, Chil¬
ton, Collms, Cook, Crow, Covmgton, Davis, Ewing, Faris, Gaines, Gorin, Green Ifar-
ns. Damson, Hauser, Hent,^, Hill, Innis, Jennings, G. W. Johnston, Lee, Lucas- Mar-
shal, Megowan, Morgan, B. S. Morris, D. Morris, Pendleton, Pickett, Pierce, Pryor,
Vams^atld S
En!l!l^F~f Tr Copeland, CuIIey, Davidson, Delanev
ev Mav M ’ f ’ xf McFall, Max-
w-,f w,Z.7-
hoL™ "r„™„7n,°"'' ’* ® >’• “'»• ‘l»»
nepti,?' it "-as JeeiJel i„ the
a„JDS„“tr.a Si-;:’"'"'’
02
I
306
JOURNAL OF TTIE
f Jan. 14.
YFAS_Messrs. Abel, Rowling, Brainlett, Collins, Crow, Davidson, Delaney, Eng-
Jish, Furii, Fnlion, Heady, Hughes, Lockhart, iMcAfce, McDonald, Maxey, May, Mont¬
gomery, Murray, Ozborn, Prince, Sanders, Shepherd, W. Thomas, Ward, VVickliffe,
and r. I. Young—i7.
NA.YS-Mr.SpEAKEit, Messrs. S. H. Anderson, Bell, Boone, Brown, Butler, Chil¬
ton, Cook, Copeland, Covington, Culley, Daris, Ewing, Paris, Caines, Gorin, Green,
Harris, Harrison, Hauser, Henry, liiU, Innis, Jennings, G. W. Johnston, Lee, Lucas,
McFall, Marshall, Megowau, Morgan, B. vS. Morris, D. Morris, Pendleton, Pickett,
Pierce, Pryor, Rudd, ^eaton, C^hanks, Short, Simpson, D. T. Smith, E. Smith, South-
gate, B. F. I’homas, riiompson, Thruston, J. Williams, S. Williams, J. White, Wool-
ley, Yates, and S. Young—j4. _ ,
It was then moved and seconded that the Public Ihintcr be di¬
rected to print 3600 copies of said preamble and resolutions, lor
the use of the members of this house. _ , i • it
.And the question being taken thereon, it was decided in the
^ p pfj I y 0 ^
The yeas and nays being required thereon, hy Messrs. Delaney
and Gorin, were as follows;
YEAS—Mr. Speaker, Messrs. S. H. Anderson, Bell, Boone, Brown, Butler, Chil¬
ton, Cook, Covington, Da, is, Ewing, Paris, Gaines, Gorin, Green, Harris, Hauser, tlen-
ry. Hill, Imiis, Jennings, G. W. lohnston, Lee, Lucas, Morgan, B. S. Morris, D. tlor-
ris, Pendleton, Pickett, Pierce, Piyor, Rudd, Seaton, Simpson, D. T. Smith, E. .<niith,
Southgate, B. F. Thomas, Phrustoii, WickliCfejS. Williaans,J. White, Woolley,Yates,
and S. Voung—45. t» -j
NA VS—Messrs. Abel, Bowling, Bramlett, Collins, Copeland, Crow, Culley, David-
son, Delaney, English, Ford, Fulton, Harrison, Heady, Hughes, McAfee, McDonald,
McFall, Maxey, May, Montgomery, Murray, Ozborn, Prince, RiCfe, Sanders, Shaiik^
Shepherd, Short, W. Thomas, Phompson, Ward, J. Williams, and T. I. Young—34,
And then the house adjourned.
MONDAY, JANUARY 14, 1833.
1. The Speaker presented the petition of John Smith, a citi¬
zen of the State of Ohio, representing that as the Shcrill and
keeper of the jail of the county of Greene, in said state, one Ja¬
cob Funk, a fugitive from justice from this state, was taken up
and committed to his custody, by tbe requisition of the Governor
of tins state upon the Governor of Ohio; and praying the passage
of a law to compensate him for keeping in custody and support¬
ing said fugitive for aliout six months.
•2. .VIr. Anderson presented the petition of sundry citizens ol
Campbellsville, in Green county, praying the cstablisliment of a
bank at Louisville. ^ ^ ■ t u
3. Mr. t'liilton presented the petition of Catharine Jordan,
praying that she may be divorced from her husband, Richarc
Jordan.
T
Jan. 14.3 HOUSE OF REPRESENTATIVES. SO'lf
4. Mr. D. Morris presented the petition of sundry citizens of
Mason county, representing in strong terms, the mtiiiy evils atis-
ing from the multijdicity ol establislmients, coinmonly calh d “gro¬
ceries,” and praying tiie passage of an eilicieiiLlavv lo prevent the
establishment and tdtuses of suth establishments.
5. Mr. English presented the petition of sundry citizens of Gal¬
latin county, praying the passage of a law to authorise a change
of the state road leading irom i exington, Ky. to Yevay, Indiana,
where s:iid road passes through the lands of Robert Sanders.
0. Mr. Bowling presented the petition of Susannah Browm,
pniying that she may be divorced from her husband, Samuel
Brown.
*7. Mr. E. Smith presented the petition of sundry citizens of
Htirlan county, complaining of the passage of an act of the last
session of this General iissembly, establishii g a road from lids
state to the Virginia line; and jjraying that a law may pass tiiid
that commissioners may be appointed to review said road, ai'.d
that the same may be permitted to pass from the county of Lstill,
through said county of Harlan, to the ’\'iginia line.
8. Mr. Seaton presented the petition of sundry citizens of
Greenup county, praying the passage of a law to compensate tlie
gate keeper of the Sandy road, for his services rendered at said
gate; that said gate be sold,ar.d that a tax be imposed upon hogs
passing through said gate in said county.
Which petitions were severally received, the reading dispensed
with, and referred; the first, to the committee of claims; the third
and sixth, to the committee of religion; the fourth, to the comnut-
tce for courts of justice; the fifth, seventh and eighth, to the com-
mitte on internal improvements; and the second was laid on the
table.
Leave was given to bring in the following bills:
On the motion of Mr 1). White—1. A bill to regulate the terms
of certain circuit courts, and for other purposes.
On the motion of Mr Davidson—2. A bill for the benefit of poor
widows.
On the motion of Mr Thruston—3. A bill to incorporate the
I.ouisville Savings Institution.
On the motion of Mr Harris—4. A hill to amend the law al¬
lowing compensation for wolf scalps.
On the motion of Mr Davis—5. A hill to amend fhc law aU
lowing pay to owners of wagons, ploughs and teams used in keep¬
ing the public roads in repair.
Messrs. 1). White, Brown, Woolley, Butler and Marshall, were
appointed a committee to prepare and bring in the first; the com¬
mittee for courts of’ justice, the second; iMessrs. Thruston, Builer,
Chilton, Shepherd, Rudd, Meriwether and Churchill, the third.:
Messrs. Harris, 15rown and Sinitli, the fourth; and Messrs. Davis,
Thomas and Hoone, the tifth.
On motion—
Ord&rcil, That JMr. Heady have leave of absence from the ser¬
vice of this house until Thursday next.
A message was received from the Senate announcing their dis¬
agreement to a hill which originated in this house, entitled, an act
for tlie benefit of Ann Jones.
The passage of bills which originated in this house, of the fol¬
lowing titles:
An act to establish an election precinct at the Great Falls of
Rough, in the county of Breckenridge.
An act for the regulation of the town of New-Market, in Wash¬
ington county.
An act to explain the law concerning the Stanford Academy.
An act for the benelit of St. Joscj)h's College, at Bardstown.
An act for the benelit of the Barboursville Seminary, in Knox
county.
An act for the benefit of the wife and children of William
Green, a lunatic.
An act to authorise the insertion of advertisements in the Ob¬
server and Reporfer, and other papers.
An act for the benefit of William, Sears.
The passage of bills of the following titles:
An act limiting the time for which persons may be held to bail
for tiieir good behaviour.
An act authorising the Trustees of the Baptist Education Soci¬
ety to emancipate a slave.
An act to establish election precincts in Woodford, Graves,
Whitley, and Henderson counties; and.
Tile adoption of a resolution fixing a day for an adjournment of
the legislatui'e.
Ml'. Jhince, from the joint committee of enrolments reported
that the committee had examined enrolled bills of the following
titles, and had found the same truly enrolled, viz:
An act to add a part ol the county of Oldham to the county of
Shelby.
An act to authorise the trustees of the Newport Seminary to
sell their donation lands, and for other purposes.
An act to enlarge the limits of the town of Elkton, in Todd
county.
An act to regulate the town of Simpsonville, in Shelby county.
An act to authorise the sale of a tract of land belonging to Cor¬
nelius F. Willett, a lunatic.
-ui act for the benefit of Spencer Boyd and others, of Bath
county.
¥■
W’
JOURNAL OF THE
[Jan. 14,
Jan. 14.] HOUSE OF REPRESENTATIVES. 30£i»
An act to authorise the county court of Scott county to increase
the allowance to patrolcs of said county.
An act to change the time of holding the November term of llie
Casey circuit court.
An act to increase the powers of the trustees of the town of
Nichol.'isville, in Jessamine countv.
An act to amend the laws relating to the town of Coving-ton
and for other purposes. ’
An act to authorise the county court of Hardin county to pur¬
chase one hundred additional acres of land for the poor-house es¬
tablished in said county. ,
An act to provide for the collection of fines recoverable under
the by-laws of the towns of Russellville, Bowlinggreeii, and GIa«-
gow.
/Hi act to change the names of Claiborne Brewer and Mary
relicia McMann; and,
A preamble and resolutions in relation to the public lands, the
Bank of the United States, and Ihe deposites of the Ireasuiy.
Whereupon, the Speaker affixed his signature thereto.
Ordered, That Air. Prince inform the Senate thereof.
A message from the Governor, by Air. Sanders, Secretary of '
Stntc. *'
Mr. Speaker:~T'hQ Governor did, on the 9th instant, approve
and sign enrolled bills, which originated in this house, of the fol¬
lowing titles.
An act for the benefit of .fobn Smith and Bartlett Hill.
An act for the benefit of \v illiam R. Alcfdrran, and other=
* '‘’i “'Stant, bills which originated in the same, of
the following titles:
An act for the benefit of Benjamin Robinson; and.
An act to atnend and reduce into one the several acts concern-'
mg the town of Augusta, in Bracken county.
Ordered, That the Clerk inform the Senate thereof.
Mr. Murray moved the following resolution:
Resolved, That the committee for courts of justice be directed
to enquire into the expediency of amending the law of evidence,
so far as relates to prosecutions for felony, committed bv stealine
bank notes, in such manner as to dispense wi(h the necessity of
proving, on behalf of the prosecution, that the bank notes stolen
are genuine, before a conviction can be had.
Which being twice read, was laid on the table.
Air. Ward moved the following resolution:
Resolved, That the committee for courts of Justice be instruct¬
ed to enquire into the projiriety of bringing in a bill to invest in
the occupant citizens of this Commonwealth, holding actual pos¬
session of any lands, by title dediicable of record, all the right
title and interest which the state has heretofore derived, or which
o/i'd.'h
»«■
iiii
the state may hereafter derive, in virtue of any law of forfeilura
of this Commonwealth; and to limit the time of oringing suits, by
writ of right, from the present limitation, to the period of tea
years. , 1,71
Mr. Ewing then moved to lay the said resolution on the table.
And the question being taken thereon, it was decided in the
The yeas and nays being required thereon, by Messrs. Ward
and Ewing, were as folloivs, viz:
YEAS—-Mr. Speaker, Messrs. A' el, S. II. Anderson, Brown, Chil¬
ton, Cook, Covington, Ewing, Gorin, Green, Harristjn, Hauser, Hen. ),
Hill, Innis, Lucas, Marshall, Pendiet n, Pryor, Shanks, Short, Simpson,
D. T. Smith, Southgate, VV. Thomas, Thruston, D. White, and J. While
—28.
NAYS—Messrs. Boll, Boone, Bowling, Bramlett, Butler, Copeland,
Crow, Oulley, Davis, Delaney, English, Paris, Pulton, Gaines, Harris,
W. Jolmson, Lee, Lockhart, McAfee, McDonald, McFall, May, Megow-
an, Meriwether, Montgomery, Morgan, B. S. Morris, D. Morris, M ir-
ray,Ozborn, Nuttall, Pickett, Pierce, Ilitl'e, Rudd, Sanders, Scrivner,
Seaton, Shepherd, E. Smith, B. F. Tiiomas, Thompson, Ward, Wicklilfe,
.1. Williams, S. Williams, Wooliey, Yates, S. Young, and T. 1. Young
—50.
The said resolution was then amended:
And the question being taken on adopting the said resolution,
as amended, it wms decided in tlie negative; and so the said reso¬
lution was disagreed to.
Mr. E. Smith moved the following resoluUon, viz:
Resolved, That the committee for courts of justice be instruct¬
ed to enquire into the expediency of amending the rules of this
house, for the residue of the session, so as to set apart two or more
diiys in the week for reports from standing and select committees,
unless two thirds of the house shall dispense with the rule; and
that they report to this house as soon as practicable.
Which was twice read; and the question being taken on the
adoption of said resolution, it was decided in the negative.
Mr. McAfee, from the committee of propositions and grievan¬
ces, made the following report:
The committee of propositions and grievances have had under
their consideration the petition of sundry citizens of Edmonson,
Warren, and Barren counties, praying that the scat of justice for
the county of Edmonson be removed to the store of Robert Mc-
Couti, on the Lexington road, and in that event, the petitioners
from the counties of Warren and Barren pray to be added to the
county of Edmonson; and arc of opinion that the same be rejected.
Which being twice read, was concurred in.
JOUTINAI. OF THE
[J \N. I4,
HOUSE OF REPRESENTATIVES,
Mr. Green, from the committee of ways and means, made the
followirg report:
'I'lie committee of ways and means iiave, according to order,
had under consideration tlie petition of sundry persons, praying
for the passage of a law providing for tlie increase of the allow¬
ance made for the keeping of Eliza Vance, a lunatic; and have
come to the following resolution:
Rtsolved, That (he said petition is unreasonable.
AAhich hedng twice read,'was concurred in.
Mr. Green, from the committee of ways and means, to whom
was referred a bill to provide for laying the levy in certain cases:
reported the same with an amendment; which being twice read,
was concurred in: and tlie said bdl, as amended, ordered to be
engrosseil and read a third time.
And (hereupon the rule of tlie house, constitutional provision,
and third reading of said bill having been dispensed with, and the
same being engrossed;
Resolved, 'fhat the said bill do pass, and that the title thereof
be amended by adding thereto tlie words ‘‘and for other pur¬
poses.”
Ordered, That the Clerk carry the said bill to the Senate and
request,their concurrence.
Mr. Chilton, from the committee on internal improvements, to
whom was referred a bill to authorise John Lewis to erect a mill-
dam and mill on Big Barren river, in Barren county: reported the
same with a resolution that the same o^ight not to pass; which be¬
ing twice read, was concurred in: and so the said bill was re¬
jected.
Mr. Chilton, from the same committee, made the following re¬
port:
The committee on internal improvements have, according to or¬
der, had under consideration the petition of sundry citizens of Rus¬
sell county, praying that a law may pass declaring Beaver creek,
in said county, a navigable stream; and have come to the follow¬
ing resolution, to-wit:
Resolved, That said petition be rejected.
Which being twice re.ad, wtis concurred in.
On motion of Mr. Chilton:
Ordered, 'fhat the committee on internal improvements be dis-
sharged from the further consideration of a bill to provide for the
improvement of the road leading from the Lincoln county line,
near William Lloyd’s, in Casey county, to William Jones’, by way
of Liberty—of a bill to improve the road leading from Princeton
to Waidsl)orough—of a resolution directing said committee to en¬
quire into the amount of tolls collected at the several turnpike
gates on tl e turnpike and wilderness road; the mannner of their
appropriation, and whether any amendments are necessary to the
I
312 JOURNAL OF THE ' [Jan. 14.
laws revgiilating said tolls—and from the further considcratioh of
the leave granted to prepare and bring in a bill to provide for the
improvement of the public roads in the county of Mulilenburg-
and that tlie same ho laid on the table.
j\Ir. Chilton, from the committee on internal improvements, made
the following report:
The committee on Internal Improvement, wlio were instructed by a
late resolution of this house, to take under consideration and report the
most benelieial and practical plan tor a. general system of Internal Im¬
provement; having due regard to the resources of the governmen', and
an etpiitable disbursement ot the ptiblic funds among the difibrent sec¬
tions of the state,—have according to order had that subject under
consideration, and beg leave most respectfully to report:
That they have experienced some difficulty from the phraseology of
the resolution under which they act, in endeavouring to ascertain the
precise intention of the house, relative to the manner in which it became
their duty to propose a distribution of the amount of money which now is,
or may ultimately be subject to the control of this Legislature. They
couitl not clearly infer, whether it was iniended that they should report a
plan for the disbursement of the whole, or oniy part of that amouni; nor
in either event, whether it was designed that, in die plan for disburse¬
ment, they should embrace every object which diey should deem worthy
of legislative consideration in the different sections of the state—appor¬
tion big the amouni appropriated, or proposed to be appropriated, to the
importance of the several oljects pi esented, without regard to the suffi¬
ciency of the sum allowed, to advance materially the advantages and
and improvement of all, or the entire accomplishment of aiiv.
The}' have never'heless arrived at the conchisi.iii, that the most prob¬
able inlention of the house was, lhat a jirudcntand well constructed foun¬
dation for a general system tor the iraproveinenl of the roads and rivers
of the state, should be laid; and that in doing this, it was intended that
this committee should report their opinion touching the extent to whicli
the government is at present able to advance in the construction and
completion of public improvements; and lhat they sliould exercise a
sound discretion in the selection of such objects, as they should deem not
only of paramount importance as revenue measures, but most likely, in
their accomplishment, to awaken a general spirit of enterprize and im¬
provement; to afford the most numerous facilities to agriculture and
commerce; and in fine to constitute the best and safest foundation for a
general plan.
Guided by these con.siderations, your committee have investigated, so
far as they have had the means of doing so, the probable amount of
fun is which itcan lie supposed will, wi'liin any reasonable time, he re¬
alized as the property of the state, from die Bank of Kentucky and the
Bank of the Commonwealth; and in this investiga'im, they have en¬
countered diffi'ailties, which satisfactorily prove that human ingenuity
cannot determine with pre'^ision, tlic amount which may in time bo real¬
ized ; nor the time, at which '.he entire disposable interest of (he state in
those institutions can be defhiitely known. Debts due them, which are
I
313
Jan. 14.] HOUSE OF REPRESENTATIVES.
J 30 W considered safe, may turn out to be otherwise, while others, now
considered doublfu!, may possibly be collected. They have nevertheless
endeavoi'ed to adopt a safe hypothesis, as the basis ot their recommen¬
dation, which is e.xhibited in the following table. By icferencc to the
report of the Treasurer, page 12, it appears that the state owns
In the Bank of Kentucky ----- 119,340 00
lir the Bank of the Commonwealth of Kentucky, in specie, 58,611 84
do in Commonwealth’s paper - - 602,228 63
Making a total of $780,180 47
From this amount deduct the supposed deficit in the treasury, (;n the
10th of October, 1833, which the house propose to cancel, to-wii; $211,-
511 88, as appears by the report and es'imate of the Treasurer at page
16, and there remains the sum of $568,668 59; of which amount your
committee have ventured to recommend the appropriation ot the sum of
$350,000, for the purposes contemplated by the resolution. It will be
perceived that this amount deducted leaves, ot the fund of the state,
^218,668 59, which will, as they suppose, not only secure the school
fund, but cover all probable losses to tlie state, from bad debts and other
casualties.
The objects, to which the sum proposed to be appropriated is designed
to be applied, are specifically enumerated in the bill, which is herewith
reported, and need not therefore a place in this report.
Before your committee, however, take leave of this subject, they
would invite the serious, the dispassionate atteniion of the house, to a
few brief suggestions, relating to the importam e of adopting a general
and fixed system of Internal Improvement, if a system indeed is to be
adopted at all, as the only mean of legislating advantageously and w ith
effect upon that sul.ject.
It is a fiict, which cannot be disguised, that the present plan of dis¬
pensing the public bounty, is not only often calculated to produce serious
discontents, by exciting local jealousies of legislative impartiality—but
that the public, money is applied to very little purpose, when it is but
alwaj's beginning new schemes, but never accorajilishing any. The
commencement of a general system may, upon slight examination, seem
to operate partially, and be unsatisfactory, but your coramirlee entertain
the confident belief, that upon a fair investigation of the -sut ject, local
feelings aside, it will be seen that no other plan can be devised, wdiich
can terminate in the accomplishment of any general good. The public
funds are not sutfii'ient, however judicious their application may be, to
operate any substantial good, if divided out among the numerous works,
which, under other circumstances and at some more auspicious moment,
will claim and receive the attention of the Legislature. They have,
therefore, considered it their duty to recommend, as an object of para¬
mount importance, the construction and completion of a continued line
of road through the heart of the state, as being most likely to result in
the construction and improvement of lateral branches, leading in every
direction, in which the agriculture and commerce of the country may
demand.
F2
S14
JOURNAl, OF THE
[Jan. 14.
Youi committee are aware, that difl’erent views are entertained bv
ditieien, ineini 6rs of the liouse, as to ihe most advantageous and prudent
plan of disposing of the puldic f n Is. Some prefer an investiture in bank
stork; while others indine to the opinion that, to devote them to works
of in.eriia: Iinprovenien , would ! e preferable. Your commiiteo are of
opinion, ihat while .hey may safely speak of the advantage.®, whichthey
be.ieve would result from die one or the other mode, yet, that deference
01 le opinions of others, would forbid that they should arrogantly at¬
tempt to settle a course of proceetling for the house. It seems to them,
lonetei, iliatover and above the perils, whiith are always incident to
banking institutions— he government could not reasonably anticipate a
greater certain pioln than six per cenhiin per annum on the capital em-
p oyed in banking; and though the money so employed would perhaps aid
m relieving the cuuniry from its alleged eimiairassments, yet it would
reach the people by a route so))erfcctly circuitous, and by a process so
slow, as in all probability to afford the country a less substantial aid,
than oy giving to the money a diflerent direction.
The advantages resulting from their investiture in works of Internal
Improyemciit, as they appear to the minds of your commiuee, are briefly
the following: ^
When the state consents to aid in the conslruction of some important
roai, to t le same extent to which private in ividuals or companies of
iiKlivniuais w,| raise funds for the same purpose,.he effect istodraw forth
trom in iney holder.®, owning real estate in<he vicinity of the route over
whi h such road IS proposed to pass, and the value of which would
icieoy le greatly increased, large amounts of money', which would
otherwise he inactive in heir coffers, or Le devoted perhaps to speculations
on the mcAortunes of h se aroun Ithem. Thefundsthus advanced on <he
part 01 the state, or raised by individua's, are thrown into circulation,
not by keeping up die leiusi n that die ..idzen is to he relieved by hor-
ro;^ing die ineans of paying his debts; but that he is to obtain them in
c.xcli.ingo tor his lai.our. Thus, empf yment would be given to hundreds
miy, to thousands o o ir citizens—a market is opened for the products
of he tanner s toil he projierty of the country is enhanced in value_
tiie |,ricoof transportation is diminished as, die focilitiesare increased—
agricubure an.l c -mmerce fl.jurisli-an 1 yet die public money, thus vested
in stock and thrown into circulation, rem.uins the property of the people,
yielding a revenue of perhaps 10, 12 or 15 per cent; wliich fact, your
committee arc mformed, has l.een sustained by an e.xperiment already
made on a part ot the road recommended. ^
Your committee desire, nevertheless, to be understood as in no w'ay
committmg them.selyes upon the s.d ject of banks. Under certain cir-
cumsouites, an J with proper guar Is, diey consi. er them necessary. They
preier nevertheless, that the find alluded to, be disposed of in the man¬
ner herein recommended, inasmui h as i» is eraphaficallv a fund of the
people drawn from the peop.e, and one which, they believe, should be
thrown out among the people again.
They herewith report “a bill to provide for making certain Internal
improvements wUhiii tins commonwealth.”
315
Jan. 14.J HOUSE OF REPRESENTATIVES.
The bill reported therewith, by said committee was then read
tlie tirst time.
It was then moved and seconded to lay the said bill on the ta¬
ble.
And the question being taken thereon, it was decided in the
affirmative.
The yeas and nays being required thereon, by Messrs. Green
and Cliilton, were as follows:
YEAS—Messrs. Abel, A. Anderson, S. H. Anderson, Boone, Bow¬
ling, Bramlevt, Collins, Crow, Davidson, Delaney, English, Fulton,
Green, llani.son, Hughes, Jett, Lockhart, McAfee, Ma;<ey, n'gome-
ry, Morgan, B. S. Morris, Murray, Ozborn, Nuttall, Pendleton, Prince,
Pryor, Rudd, Sanders, Scrivner, Shanle:, Short, Simpson, D. T. Smith,
W. Th inns, Thompson, Thruston, J. IVilliams, D. White, J. White, S.
Yoimg, and T. 1. Young—43.
N.YYS—Mr. Speaker, Messrs. Bell, Brown, Butler, Chilton, Cook,
Copeland, Covington, Culley, Davis, Paris, Ford, Gaines, Gorin, Harris,
Hayden, Hauser, Henry, Hill, Innis, W. Johnson, Lee, Lucas, M. Don¬
ald, Marshall, May, Megowan, Meriwether, D. Morris, Picketi, Pierce,
Riffe, Seaton, Shepherd, E.. Smith, Southgate, B. F. Thomas, Ward,
Wickliffe, S. Wdiiains, Woolley, and Yates— 42.
The following bills were reported from the several committees
appointed to prepare and bring in the same, viz;
By Mr McAfee, from the committee of propositions and griev¬
ances— 1. A bill to establish an election precinct in the county of
Henry.
By Mr Ewing, from the committee for courts of Justice— 2. A
bill for the benefit of the securities of the late Sheritf of Grant
county.
By Mr Cldlton, from the committee on internal improvements
—3. A bill declaring John's creek, in Floyd and Pike counties,
a navigable stream.
4. A bill granting certain vacant and unappropi-iatcd lands to
the several counties of this Commonwealth, for the purposes there¬
in mentioned.
5. A bill to amend an act to provide for the erection of a bridge
across Rockcastle river, on the turnpike and wilderness road.
M hich bills were severally received and read the first time, and
ordered to bo read a second time.
And thereupon the rule of the house, constitutional provision,
and second reading of the first, second, third and foui lh bills hav¬
ing been dispensed with, the first, second and third were ordered
to be engrossed and read a third time; and the fourth was commit¬
ted to the committee on internal improvements.
316
JOURNAL OF THE
[Jan. i L
And thereupon the rule of the house, constitutional provision,
and third reading of the lirst, second and third bills liaving been
dispensed with, and the same being engrossed:
Resolved, That the said bills do pass, and that the titles thereof
be as aforesaid.
Ordered, That the Clerk carry the said bills to the Senate and
request their concurrence.
Mr. Chilton, from the committee on internal improvements, to
whom was referred a bill to improve the navigation of Nolin, a
branch of Green river: reported the same without amendment.
The orders of the day having been called for, the hour of 12,
M., having arrived:
The house according to the standing order of the d;iy, resolv¬
ed itself into a committee of the whole house—Mr. D. White
in the chair—and after some time spent therein, the Speaker re¬
sumed the chair, and Mr. White reported that the committee
had, according to order, had under consideration the report of the
select committee, to whom was referred the Governor’s message,
on the subject of the powers claimed by South Carolina to nullify
acts of Congress, and had gone through the same, with sundry
amendments.
The first of which being concurred in; the first and second res¬
olutions were unanimously adopted.
The second amendment, which proposes to substitute the fol¬
lowing in lieu of the third resolution, was concurred in, in the fol¬
lowing words:
Resolved, That we disapprove the ordinance of the Convention,
and all attempts made in pursuance thereof, by the State of South
Carolina, to nullify the said acts of Congress, or to obstruct in any
way their execution, as an assumption of power not warranted by
the constitution, nor to be found among the rights reserved to the
states respectively.
The said resolution, as amended, was then unanimously adopted.
The amendment to the fourth resolution having been concurred
in, the said resolution was then unanimously adopted.
The amendment proposed by said committee to the fifth resolu¬
tion was then read as follows:
Strike out the second clause thereof, in the following words:
“vi/nd we receive wilh approbation the pledge which the President
has given to the nation, in his late proclamation, that he zuill perform
the solemn duty which the constitution and his oath of office impose, to
take care that the laws be faithfully executed.^
And the question being taken on adopting the amendment pro*
posed, it was decided in the affirmative.
Tl)e }eas and nays being required thereon, by Messrs. McAfee
and Green, were as follows:
HOUSE OF REPRESENTATIVES,
YEAS—Mr. Si’EAituR, Mes?rp. S. II. Anderson, Bell, Boone, Brown,
Butler, Chilton, Collins, Cook, Covington, Culley, i)jvis, Ewing, Paris,
Ford, Gaines, Gorin, Harris, Harrison, Hauser, Henry, Hill, Innis, Lee,
Lucas, Megowan, Morgan, B. S. Morris, U. Morris, Pendleton, Pickett,
Pierce, Pryor, Rill'e, Rudd, Scrivner, Seaton, Shank.s, Short, Sinijison,
D. T. Smitli, E. Siiiiih, VV. Smith, B. F. Thomas, Thompson, Thruston,
Ward, Wickliffe, S. Williams, J. White, Woolley, Yates, and S. Young
f
JOURNAl, OF TTIE
Tlioinas, 'riiompson, Tlirustoii, Ware!, Wickliflc, S. Williams, D. White,
J. White, Woolley, Yates, S. Young, and T. I. Youn,^—03.
NAYS—Messrs. Ahei, B-wling, Bramletr, Copeland, Crow, Cullcy,
Davidson, DclaneyJ English, Fulton, ILiyrien, llughe.«, W. Johnson,
Lockhart, jMoAfee, May, Montgomery, Oz! orn, Nuttall, Sanders, Shep¬
herd, Stevenson, W. Thomas, and J. Williams—24.
The lifdi amendment proposed by the committee was then read
as follows, viz:
“Add as a second resolution;”
Resolved, That the powers of the Federal Government are de¬
rived from the constitution of the United States; and whether
that charter was ordained by the n'hole people of the United SUd'S,
as one nation, or by the people of the states, or by the states in ilieir
distinct political capacities, the rules and principles of construc¬
tion in relation to it, are the same.
And the question being taken on concurring the amendment
proposed, it was decided in the aflirmative.
The yeas and nays being required thereon, by Messrs. Green
and Nuttall, were as follows, viz:
YEAS—Mr. Speaker, Messrs. Abel, S. H. Anderson, Bell, Boone,
Bramletf, Brown, Butler, Chilton, Collins, Cook, Covington, Culley, Da¬
vis, Delaney, Dunlap, Ewing, Ford, Gaines, Gorin, Green, Harris, Har¬
rison, Hayden, Hauser, Henry, Hill, Innis, Jennings, G. W. Johnston,
Kennedy, Lee, Lucas, McDonald, M Fall, Marshall, Matson, Ma.xej',
Megowan, Meriwether, Morgan, B. S. Morris, D. Morris, Murray, Pen¬
dleton, Pickett, Pierce, RilTe, Rudd, Scrivner, Seaton, Shanks, Shep¬
herd, Short, D. T. Smith, E. Smith, W. Smith, Southgaie, Stevenson, B.
F. Thomas, Thompson, Thruston, Ward, Wi- kliff'e, S. Williams, J. Wliite,
Woolley, Y'ates, S. Young, and T. I. l''oang—70.
NAYS—Messrs. A. Anderson, Bowling, Copeland, Crow, Davidson,
English, Fulton, Hughes, W. Johnson, Lfukhart, McAfee, May, Mont¬
gomery, Ozborn, Nuttall, W. Thomas, J. Williams, and D. White—18.
A further amendment having been moved:
The house then adjourned.
TUESDAY, JANUARY 15, 1833.
A message was received from the Senate announcing their dis¬
agreement to a hill which originated in this house, entitled, an act
to authorise the county court of Casey to abolish one or both of
the precincts for voting in said county.
lowing originated in this house, of the foJ.
An act for the benefit of Thomas Newskirk and wife.
Kentuckylegislature oi
tow^n^rf/defining the powers of the trustees of the
town ot Brandenburg, in the county of Meade.
An act delining tlic limits of the town of Mount M'ashinerton
m Bullitt county, and for other jiurposes; and, ^
An act to change the place of voting at the Claysvilic precinct
to IhriSter"biir^’ “ amendment
And the passage of bills of the following titles-
An act for the benefit of Mary Richardson.
An act for the benefit and relief of Eleanor Jewell.
of LexSgtL'!'”“ incorporate the City
TuXE ““
inctpEtld lEptSS *“■"’* “''"■■ip !»■» i»
An act to appoint trustees to the Washington Academy
An act for the benehf of the clerk of Berry county. ^
On motion of Mr, Jennings*
EiE“i ii"j "“i i'--- f“-i-?.
JOUKNAl- OF THE
[Jan. 15.
Which petitions were severally received, the reading dispensed
with, and referred to the committee for courts of justice.
Mr Woollev, from the committee on internal unprovernents, to
whom was refen-ed a bill for the benefit of the .exington and
Ohio Pvail Road Company; reported the same
Ordered, That the said hill with the amendments be committed
to a committee of the whole house for this day . , ,, r j.
Mr. Harrison, from the committee on education, made the lot
The JommVttee. on education have had under consideration the
petition of the trustees of Simpson Seminary,
nriation of .S'MD. foe the benciit of said Seminary, horn the pub
iic treasury; and have come to the lollowing resolution theieon.
Rrsohrd, 'I’liat said petition he rejected.
Which being twice read, was concurred in.
Mr. Stevenson, from the committee of religion, reported a bill
for the benefit of Benjamin Clemens: which was received and
*'^^'\ud^thc question being taken on reading the said bill a second
time, it was decided in the negative; and so the said bill wasre-
The following bills were reported from the several committees
appointed to prepare and
bill for the benefit of John Barnes, a lunatic.
•By Mr. Chilton, from the committee on internal ™piovmnent
—3.’^ A bill for the improvement of Big Caney, a branch of Kou^h
^*^By Mr Harrison, from the committee on education i. A bill
for the benelit of the Augusta College. a, rnrb
5 \ bill to authorise the establishment of a Library in Rock
'iv M:”iiA;iit?rfiKT.c„6 ,o»,i i.,.» a, „
'Tl'Sdl'biin'e?e°iS“;rcceiv.a ...d read the r,„t time, and
ordered to be rood fi second time. ^
And thereupon the rule of the house, con^'it'itional provision^
and second and third readings of the second, fourth, hf ha
sixth bills having been dispensed with, and the same being ei
^'^Resoived, That the said bills do pass, and that the titles thereof
''*^Or*rXTlKit the Clerk carry the said bills to the Senate and
request their concurrence. . , r ,i,„(
Mr. Southgate, from the select committee, appointed toi t .
321
Jan. 15.] HOUSE OF REPRESENTATIVES.
purpose, reported a bill to establish a State Bank; which was re¬
ceived and read the first time, and ordered to be read a second
Mr. Southgate then moved to dispense with the rule of the
house, conslifutional provision, and second reading of said bill,
with a view to its commitment to a select committee.
And the question being taken thereon, it was decided in the
negative: four-fifths of the members present not voting therefor.
The yeas and nays being required thereon, by jMessrs. Green
and Southgate, were as follows, viz:
YEAS—Mi-. Speaker, Messrs. Abel, Bell, Boone, Bowling, Brown,
Butler, Chilton, Cook, Copeland, Crow, Culley, Davds, Delaney, Dun¬
lap, English, Ewing. Ford, Fulton, Harris, Harrison, Hayden, Hau¬
ser, Henry, Hill, Hughes, Innis, Jennings, Jett, G. W. Johnston, W. John¬
son, Kennedy, Lockhart, McAfee, McDonald, McFall, Matsen, Maxey,
May, Meriwether, Montgomery, B. S. Morris, D. Morris, Murray, Oz- ,
born, Nuttall, Patterson, Pendleton, Pickett, Prince, Pryor, Rudd, San¬
ders, Seaton, Shephenl, Short, D. T. Smith, E. Smith, W. Smith, South-
gate, Stevenson, W. Thomas, Thompson, Thruston, Ward, Wickiiffe, J.
Williams, S. Williams, D. White, J. White, Woolley, and T. 1. Young—12.
NAYS—Messrs. S. H. Anderson, Collins, Covington, Davidson, Pa¬
ris, Gaines, Gorin, Green, Lucas, Marshall, Megowan, Morgan, Pierce,
Riffc, Scrivner, Shank.s, Simpson, B. F. Thomas, Yates, and S. Young
— 20 .
Ordered, That the Public Printer forthwith print 150 copies
of said bill, for the use of the members of this house.
Mr. Gaines from the majority, by which the motion aforesaid
was rejected, moved a reconsideration of said vote.
And the question being taken thereon, it was decided in the
affirmative.
The question was then again put on dispensing with the consti-
lutional provision and second reading of said bill, which was de¬
cided in the affirmative.
The yeas and nays being required thereon, by Messrs. Gorin
and Green, were as follows, viz:
YEAS—Mr. Speaker, Messrs. Abel, Bell, Boone, Bowling, Brown,
Butler, Chilton, Cook, Copeland. Crow, Covington, Culley, Davis, Dela¬
ney, Dunlap, English, Ewing, Faris, J'ord, Fulton, Gaines, Harris, Har¬
rison, Hayden, Hauser, Henry, Hill, Hughes, Innis, Jennings, Jett, G.
W. Johnston, W. Johnson, Kennedy, Lee, Lockhart, McAfee, M Don¬
ald, McFall, Matson, Maxey, May, Meriwether, B. S. Monas, D. M-rris,
Murray, Ozborn, Nuttall, Patterson, Pendleton, Pickett, Prince, Pryor,
Rudd, Sanders, Seaton, Shepherd, Short, Simpson, D. T. Smith, E.
Q2
JOURNAL OF THE
3-2-2
[Jan. 15.
Smith, W. Smith, SoiitJigate, Stevciipon, W. Tliomap, Tliompson, Thnis-
ton. Ward, Wicklitre,J. Williams, S. Williams, D. White, J. While, Wool-
ley, and T. I, Young—78.
NAYS—Messrs. D.ividson, Gorin, Green, Lucas, Marshall, Megow-
an, Morgan, Pierce, Shanks, B. F Thomas, Yates, and S. Young—12.
The said bill was then committed to a select committee of
Messrs. Southgate, D. White, Woolley, Ewing, G. W. Johnston,
Crow, Shepherd, Chilton, Marshall, McAfee, Matson, A. Ander¬
son, and Nuttall.
Mr. B. F. Thomas, from the select committee, to whom was re¬
ferred a bill requiring security for co^ts in certain actions: report¬
ed the same with sundry amendments.
Ordered^ That the said bill, with the amendments, be laid on
the table.
Mr. Prince, from the joint committee of enrolments reported
that the commitiee had exuminod enrolled bills of the Ibllowing
titles, and had found the same, truly enrolled, viz:
An act to amend the law of evidence in jiroseciitions for forgery.
An act for the benefit of the wife and children of William
Green, a lunatic.
An act for the benefit of William Sears.
An act to explain the law concerning the Stanford Academy.
.'Vn act for the regulation of the town of New-Market, in Wash¬
ington county.
.An act to establish an election precinct at the Great Falls of
Rough, in the county of Breckenridge.
An act to authorise tlie insertion of advertisements in the Ob¬
server and Repor:cr, and for other purposes.
An act for the benefit of St. Joseph's College, at Bardstown.
An act for the benefit of the Barboursville Seminary, in Knox
county; and,
A resolution for appointing joint committees to examine the
Public Offices, the Bank of the Commonwealth of Kentucky, and
the Bank of Kentucky,
Whereupon, the Speaker affixed his signature thereto.
Ordered, That Mr. Prince inform the Senate thereof.
The house tiien, according to the standing order of the day, re¬
solved itself into a committee of the whole house—Mr. Green
in the chair—and after some time spent therein, the Speaker re¬
sumed the chair, and Mr, Green reported that the committee
had, according to order, had under consideration a bill for the
benefit ol the I.exington and Ohio Rail Road Company; and had
made suudry amendments thereto; which he handed in at the
Clerk’s table.
Which being twice read, were concurred in—and the said bill
amended to i-ead as follows:
Jan. 15.] HOUSE OF REPnESENT '• TIVES.
3-2S
Whereas, the Lexington and Ohio Rail Rjad Company is, by its
charter, authorized to borrow the si m of hree hundred diotisttnd dollars,
to aid in :he construction of the road, and it being desirable that the work
should be completed at an early day. Therefore—
Sec. 1. Be it enacted, hy the General Assembly of the Common¬
wealth of Ke.ducky, Tliat it shall be lawful ibr the Lexington and Ohio
Rail R lad Conipany to borrow, on the credit of this coinmonw eallh,
one hiindred and fifty thousand dollars, at a rale of interest not ex¬
ceeding six per cenb per annum; and to issue bonds therefor under
the seal of the corporation, signed by the President thereof, and
countersigned by its Treasurer: for the redemption of which, and (he
due payment of interest thereon to the owners of said stock, the
faith and credit of die comnionwealth is hereliy pledged.
Sec. 2. Be it further enacted, That the stock hereby authorized to be
issued, shall not, at any time, e.vceed, in amount, the sum which shall
actually have been paid in by the stockholders of the Lexington and Ohio
Rail Road Company, as capital stock in the institution; which siock shall
be redeemable between the periods of the fiist day of Juniiary, one
thousand eight hundred and forty-five, and the first day of January, one
tlioiisand eight hundred and fifty-five.
Sec. 3. Be it further enacted, That whensoever the Pi esident of the
•Lexington and Ohio Rail Road Company, shall transmit to the Auditor
of public accounts of this commonwealth, a statement of the amoi n that
has been actually paid to the company hy the stcK kholders therein, in
part, of their capital stock, and ajipropriated to the lawful purposes of
the company, attested by the oath or afiirmation of their treasurer, and
a bond executed by the Presitient air. Directors of the Lexington and
Ohio Rail Road Company, binding them in their individual capacity^,
conditioned that they will faithfully and according to ;he true intent and
meaning of this act, apply the money raised on the certificate of die
stock hereliy authorized to be issued, towards the construction of their
road, and the form of the bonds thus given, are approved bv the A torney
General of this commonwealth, that then, he, the said Auditor, shall be
and is hereby authorized, to pledge the iaidi and credit of the Common¬
wealth of Kentucky^, by endorsement on he l.mkofthe bin's hereby
authorized to be issued, and in the following words, to-wi': “This is to
certify that by an act of the General A.«sembly of the Commonwealth of '
Kentucky, the faith and credit thereof is pledged for the paymcni of the
interest and principal of the debt dealed by the within.” Which shall
be signed by him and attested by the seal of his office.
Sec. 4. Be it further enacted, That whenever any holder of any such
324
JOURNAL OF THE
[Jan. 15.
certificate shall desire to transfer the.sanio, or to divide any certificate
lie may hold, or to consolidate any such certificates, he may do so by
surrendering the same to the President and Directors of said company,
or an agent appointed by them for that purpose, and thereupon, the said
company may issue new certificates of stock, in form as before pre¬
scribed, for the amount of such as shall have been surrendered; and upon
the surrender of the cancelled certificates to the Auditor of public ac¬
counts, he is authorized to endorse upon the new certificates issued, the
same pledge and in the same words as is provided in the third section of
this act, which cancelled certificates shall remain in the office of the Au¬
ditor of public accounts.
Sec. 5. Be it further enacted, That for the purpose of comiiletcly
securing the Commonwealth of Kentucky from any risk or responsibility
incurred by the pledge of its credit as aforesaid, the Auditor of public
accounis, with the advice of the Attorney General of this commonwealth,
is hereby authorized and required, before he endorses the stock hereby
authorized to be issued, or any part thereof, to obtain from the Le.xington
and Ohio Rail Road Company, under their corporate seal, attested by
their President, an assignment, by way of mortgage, of all its lands,
tenements, machinery or other property of whatsoever description it
may hold or possess, or may hereafter hold or possess, with all its rights
and privileges now held by virtue of the laws of this commonwealth, and
which may be hereafter granted: which mortgage, or other instruments
to be taken, shall be made to the Commonwealth of Kentucky, and shall
be recorded in the office of the Clerk of the Court of Appeals of this
commonwealth, in the same manner and for the same purposes, that
deeds and other conveyances of real estate are there recorded. And m
case of the non-payment of the interest on said stock, at the time or
times stipulated for the payment thereof, or in case of the non-redemption
of the said stock at the time appointed therefor, that then, and in either
case, it shall and may be lawful, for the Auditor of public accounts to
sell the premises pledged in said assignment or mortgage, or such parts
or portions thereof, as he, the Auditor, may in his discretion elect, to the
highest bidder, at public auction, for ready money, at the capital in the
town of Frankfort, after due notice tliereof being published in some au¬
thorized newspaper, printed in the town of Frankfurt, for twelve calendar
months preceding said sale; and upon said sale, the Auditor will be, and
he is hereby autliorized|to confer a title upon the purchaser or purchas¬
ers, of said estate so sold, (in the event of a sale thereof,) by deed or
other appropriate conveyance; or the said Auditor may, with the advice
and approbation of the Governor and Attorney General of this common-
HOUSE OF REPRESENTATIVES,
wealth, bid for and purchase the same, or any part thereof, lor and on
behalf of the Commonwealth of Kentucky, for spelt sum as the com-
monwcalth shall then be liable for, on account of its hiith and credit be¬
ing so pledgees, as aforesaid, if in their opinion it shall be necessary for
the better security of the people of this coinmonwcalth. And in case
said company shall faithfully comply with the provisions aforesaid, in
the redemption of the stock, as aforesaid, and in the payment of the inter¬
est thereon, then, and in that case, the Auditor of public accounts shall
release, discharge, cancel and give up to said company all, and all man¬
ner of conveyances, or securities, to be taken as aforesaid, iroin the
said company, and the said company shall be fully released and discharged
from the same forever.
Sec. 6. Be it further enacted, That the President and Directors of
the Le.xington and Ohio Rail Road Company, in behalt of the stockholders
of that corporation, in consideration of the privileges conferred uiion
them by the passage of this act, shall subscribe to the capittd stock of
a turnpike road company, to be incorporated, for the purpose of construct¬
ing a Macadamised road, from Le.xington, in Fayette county, lo the-
Kcntucky river, to meet the river at a point suitable for an e.xtension to
Danville, in Mercer county, or Lancaster, in Garrard counly, making
Nicholasville, in Jessamine county, a point at which the said road shall
pass, the sum of ten thousand dollars; also, the further sum of ten thou¬
sand dollars to any company which may be incorjtorated to construct a
Macadamised road from Le.xington, aforesaid, to Richmond, in Madison
county: and also, the further sum of ten thousand dollars to any comiiany
which may be incorporated to construct a Macadamised road from Lex¬
ington to Mountsterling, in Montgomery county, passing through Win¬
chester, in Clarke county; the said several sums of money to be paid by
the said President and Directors of the Lexington and Ohio Rail Road
Company, in the same proportions, and at the same times that other
stockholders in the aforesaid turnpike road incorporations be required to
pay, under the respective charters which may be hereafter granted, and
is to be applied in the construction of the several roads, or either of them,
to tliat part next to, and adjacent to, the city of Le.xington; and the said
Lexington and Ohio Rail Road Company are to enjoy and exercise all
the privileges and immunities, of other stockholders in (he several turn¬
pike road associations contemplated herein; Provided, nevertheless,
That the obligation imposed upon the Lexington and Ohio Rail Road
Company, by the provisions of this section, shall cetise and be of no ef¬
fect in three years front the passage of this act, so far as regards those
roads which shall not have been commenced within that time.
H
journal of tue
fjAN. 15.
Sue. 7. Be it further enacted, Tlia IV'in'.he date of <he passage of
(his .act, and un il two years af er the Lcvingtou and Ohio Rail Ruad
shall have been in use from Le.vington to Frankfori, the n^h' isreserved
to the commonwealth to convert the bonds and certificaies, herein au¬
thorized to be issued, or any part thereof, into stock in the said Rail R. ad
Company at its par value; that is to say, for each one hundred dollars of
the said bonds and ceriifica.es, a ceniticate for a share of the capital
stock, in said Rail Road Company, of equal amount, shall be issued to
the commonwealth, and held by it; and on which said stock, the same
rate of dividends shall be made, and at the same lime |)aid over to die
proper officer of this government, for the benefit of the |)eoplo of this
commonwealth, as arc made and paid over to other stockholders in said
company. And in place of the stock, which may be held by this com¬
monwealth, being represented and voted at the meeting held by the
stockholders in said company, the right and privilege is reserved and
conceded, to the people of this state, of appointing one Director for
every one hundred thousand dollars of the capital stock, which may be
held at the time, in the said road, by this conimonweallh; which appoint¬
ment of Directors, made in behalf of the state, and in pursuance hereof,
shall be made annually, and be done in the manner prescribed by the
act establishing the Bank of the Commonwealth, for the appointment of
Directors in that institution.
The question was then taken on engrossing the said bill and
reading it a third time, which was decided in the negative: and
so the said bill was rejected.
The yeas and nay's being required thereon, by Messrs. Chilton
and AVoollcy, were ns follows, viz:
YEAS—Mr. Sprikuk, Messrs. Bell, Boone, Butler, Dunlap, Gaines,
Green, Harris, Harrison, Henry, lnni.«, Jett, G. W. Johnston, W. .John¬
son, Kennedy, Lee, Lucas, M’ Fall, Marshall, Matson, B. S. Morri.s, D.
Morris, Murray, Nuttall, Pendleton, Pickett, Pryor, Rudd, Seaton, Simp¬
son, E. Smith, W. Smith, Southgate, Stevenson, B. F. Thomas, Thrus-
ton, Wicklifi’e, D. White, Woolley, and S. Young—40.
NAYS—Messrs. Abel, S. H. An.lerson, Bowling, Bramlett, Brown,
Chilton, Cook, Copeland, Crow, Covington, Culley, Davidson, Davis,
Delaney, English, Ewing, Faris, Ford, Fulton, Gorin, Hauser, Hughes,
Jennings, Lockhart, McAfee, M-Donald, Ma.vey, May, Megowan, Meri¬
wether, Montgomery, Morgan, Ozboru, Patterson, Pierce, Prince, Rifle,
Sanders, Scrivner, Shanks, Shepherd, Short, D. T. Sm th, W. Thomas,
Thompson, Ward, J. Williams, S. Williams, J. WJute, Yates, and T. I.
Young—51. ' .
.And then the house adjourned. ■
Jan. 16.] HOUSE OF REPRESENTATIVES:
I. lur. Rscnvner presented the petition of the widow and heir-*
ot James Rucker, deceased, of Estill county, praying tliat a law
may pass to authorise them to sell a small tract of land which de¬
scended to them from the said James Rucker. '
J. Also, the petition of Udlliam Stamper, of Estill counly
prnying the passage of an act to allow an additional justice of
the peace to said county,
.3. Mr. Murray presented the petition of sundry citizens of Cal-
praying a donation ol’ a cpiarter section of land to
William Herrington, ol said county.
Which petitions were severally received, the reading dispensed
with, and referred; the first, to a select committee of Messrs. Sriv-
ner, J. \\ bite and E. Smith; and the second and third, to the com¬
mittee ot propositions and grievances.
Leave was given to bring in the following hills:
On the motion of Mr D._ White-1. A bill to incorporate the
trustees to the (-rittenden School, in Franklin county, and for oth¬
er purposes; and,
On the motion of Mr .Jennings—2. A bill to change the time
of holding the Butler circuit court, and for other purposes.
Messrs. D. V\ bite. Hams, and Cook, were appointed a commit¬
tee to prepare and bring in the first; and Messrs. Jenuiners. Ford
and Gorin, the second. "¥•'^ 0 '=? 1 010 -
A message was received from the Senate
mg^tiuS"^ liouse,"of’riie'follow
An act for the divorce of Polly Raines.
An act lor the benefit of Louisa E. Barnes.
An act for the benefit of Henry Small.
An act for the benefit of Henry Crist.
An act to authorise the sale of the real estate of "Wm. Brown
a lunatic, for his maintenance. urowir
lowdlig titles^ in this house, of the fol-
. • • ji „ roiniiv courts of this Common-
An net fuithonsine: t icscvciai couiuy
,vcai;M 0 “™li ga>c. to 1,0 o«c.o.l o„ certatn paW.C roaC., av.th
iiifl6ndii^ciit3 lo the lliicc Iftltci bi ^
Tll'c MoSng Mils .vero reported front lire several eonrn.lttoes
tl^SSoTp^smon. and griev
relation to sums under live jjounds.
i. A bill for lire bcnelU of Agnes Berry and 'j
5. A bill to amend tire fonrleentli section of tire act lo reouce
“rAbill “tS cLSd td tonnty courts in tire I5th
^"‘’^JllfSlion from the committee on internal improveinenls
J.' sfSu rn mni rhe law establisbing the t.rnptke and w,l-
“'’b;' llfSplrerd-S. A bill lo incorporate the Lonlsville Saw
‘"®B,'M!‘B.t.'Morris-B. A bill to amend an act organiains.
%7S?Zy5en4”»™A U-S'^"
‘\y “Sw^n-U.°Tbill to nppiont
"tn?rer?„pl1beTuMrf"”.e bouse e
and second reading of ^^“7h\-leTe"ntli*an*r twelfth’bills
first, second, third, fourth, fifth, nm ,
were severally ordered to 7tcd°to^ the committee for courts of
sixth and eigidh were select committee. ol
■S£.“; SXlC;.rsbX':md £ H.1.;.i.-i
‘i';;;tb".bf^
HOUSE OF REPRESENTATIVES,
and third reading of the first, second, third, fourth, fifth, ninth,
and twelfth bills having been dispensed with, and the same be¬
ing engrossed:
Resolved, That the said bills do pass, and that the titles thereof
be as aforesaid.
Ordered, That the Clerk carry the said bills to the Senate and
request their concurrence.
A message from the Governor, by Mr. Sanders, Secretary of
State.
Mr. Speaker :—The Governor did, on the 14th instant, approve
and sign enrolled bills, which originated in this house, of the fol¬
lowing titles.
An act to authorise the county court of Scott county to increase
the allowance to patroles of said county.
An act to change the lime of holding the November term of the
Casey circuit court.
An act to enlarge the limits of the town of Elkton, in Todd
county.
An act to regulate the town of Simpsonville, in Shelby county.
An act to amend the laws relating to the town of Covington,
and for other purposes.
An act to increase the powers of the trustees of the town of
Nicholasville, in Jessamine county.
An act to authorise the sale of a tract of land belonging to Cor¬
nelius F. Willett, a lunatic.
An act for the benefit of Spencer Boyd and others, of Bath
county.
An act to authorise the county court of Hardin county to pur¬
chase one hundred additional acres of land for the poor-house es¬
tablished in said county.
An act to authorise the trustees of the Newport Seminary to
sell their donation lands, and for other purposes.
An act to change the names of Claiborne Brewer and Mary
Felicia McMann; and.
An act to provide for the collection of fines recoverable under
the by-laws of the towns of Russellville, Bowlinggreen, and Glas¬
gow.
Ordered, That the Clerk inform the Senate thereof.
Mr. Chilton, from the committee on internal improvements, to
whom was referred a bill granting certain vacant and unappropri-
330 JOURNAL OF THE [Jan. 16.
The yeas and nays being required thereon, by Messrs. Green
and E. Smith, were as follows, viz:
YEAS—Messrs. A!:el, S. H. Anderson, Bowling, Brainlett, Butler,
Chiirehil', Davis, D inlap, Ewing, Gaines, Gorin, Green, Harris, Harri¬
son, Hayden, Hughes, Innis, Jett, G. W. Johnston, Kennedy, Lockhart,
McAfee, M Donald, M’ Fall, Marsliall, Meriwedter, Montgomery, Oz-
born, Nuttail, Patterson, Pendleton, Pi kett. Pierce, Prince, Pryor,
Rudd, Simpson, D. T. Smith, VV. Smith, S ruthgate, Stevenson, W.
Thoma.s, Tiiriiston, J. Williams, D. White, Woolley, and S. Young—47.
NAYS—Messrs. Bell, Bjone, Br. wn, Chilton, Collins, Cook, Cope¬
land, Crow, Ciilley, Davidson, Delaney, Fails, Hauser, Hill, Jennings,
W. Johnson, Lucas, Matson, Maxey, May, Megowan, Morgan, B. S.
Morris, D. Morris, Ritfe, Scrivnei', Seaton, Shanks, Shepherd, Short, E,
Smith, B. F. Thomas, Tliomp.son, Ward, S. Williams, J. While, Yates,
and T. I. Young—38.
Mr. D. Mdiite, from the select committee, appointed for that
purpose, reported a bill to regulate the terms of certain circuit
courts, and for other purposes: which was received and read.
The hour of 12 o’clock having arrived, the house proceeded to
the consideration of the orders of the day.
Mr. Gorin then moved to take from the orders of the day, for
immediate consideration, a bill from the Senate, entitled, an act
to lay off this state into congressional districts.
And tlie question being taken thereon, it was decided in the
negative: two-tliirds of the members not voting therefor.
The yeas and nays being required thereof, by Messrs. Gorin
and Harris, were as follow^s, viz:
YEAS—^Mr. Speaker, Me.s.srs. S. tl. Anderson, Boone, Brown, Chil¬
ton, Collins, Cook, Copeiand, Covington, Culley, Davidson, Davis, Ew-
in.:, Paris, For •, Gaines, Gorin, Green, Harrison, Hauser, H.ll, Hughes,
Jennings, G. W. Johnston, Kennedy, Lee, Lucas, Marshall, Matson,
Megowan, Meriwether, M irgan, B. S. M rris, Pattei’son, Pendleton,
PiCkett, Pier e, Pryor, R:rie, S-.rivner, Seaton, Shanks, Short, Simpson,
D. T. Smiih, E. Smith, W. Smi:h, Souihga'e, B. P’. Thomas, Thompson,
Ward, Wickhtl'c, S. Williams, J. White, Yates, S. Young, and T. I.
Young—uL
NAYS—Messrs. A'lel, Bell, Bowling, Butler, Churchill, Crorv, Dela¬
ney, Dunlap, English, P’aiton, Harris, Hayden, Heniw, Innis, Jett, W.
Johnson, L' khart, M Afee, M D'nald, M Fall, Maxey, May, Mont*
gomery, D. Morris, Murray,Oz,.o:n, Nuttail, Prince, S.mders, Shepherd,
Stevenson, W. Thomas, Thruston, J. Williams, D. White, and Woolley
—36.
I
Jan. l/.J HOUSE OF REPRESENTATIVES. 331
The house took up for consideration the preamble and resolu¬
tions reported by the select committee, to whom was referred the
message of his Excellency, tlie Governor, transmitting the docu¬
ments which contain the proceedings of the Convention of South
Carolina.
The question was then taken on the adoption of said preamble,
which was decided in the aflirmative.
The yeas and nays being required thereon, by Messrs. Ewing
and Nuttall, were as follows:
YEAS—Mr. Speaker, Messrs. S. II. Anderson, Bell, Bramlett, Brown,
Butler, Chilton, Coilins, Cook, Culley, Davis, Dunlap, Ewing, Faris,
Ford, Gaines, Gorin, Green, Harris, Hayden, Hauser, Henry, Hill,
Hughes, Innis, Jenning.s, G. W. Johnston, W. Johnson, Kennedy, Lucas,
Marshall, .Matson, Maxey, Megowan, Meriwether, Morgan, B. S. Mor¬
ris, D. M.irris, Murray, Pendleton, Pickett, Pierce, Prince, Pryor, Riffe,
Rudd, Sanders, Scrivner, Seaton, Shanks, Shepherd, Short, Simpson, D.
T. Smith, E. Sinilh, W. Smith, Souihgate, Stevenson, B. F. Thomas,
Thompson, Thruston, Ward, Wickdffe, S. Williams, D. White, J. White,
Woolley, Y'’ates, S. Young, and T. I. Young—70.
NAY'S—Messrs. Abel, Bowling, Churchill, Copeland, Crow, David¬
son, Delaney, English, Fulton, Jen, M' Afee, M Di nah', M- Fall, Mont¬
gomery, Ozborn, Nuttall, Patterson, W. Thomas, and J. Wi.liams—19.
The seventh resolution having been reconsidered and amended,
by striking out the words ministerial and nut discrctionan/, was then
adopted.
Ordered, That the Clerk carry the said preamble and resolu¬
tions to the Senate and request their concurrence.
The house resumed the consideration of a bill to provide for the
ordinary expenses of government.
An amendment having been offered to said bill:
Mr. E. Smith moved to commit said bill and amendments to
the committne of ways and means, with certain instructions.
A division of the question was called for, and the question put
on committing, w hich wms decided in the affirmative.
And then the house adjourned.
THURSDAY, JANUARY 17, 1833.
1. Mr. T. I. Young presented the petition of sundry citizens of
the town of Sharpsburg and its vicinity, in Bath county, pray-
that an additional Justice of the peace may be allowed to said
county.
332
JOURNAL OF THE
[Jan. 17
2. Mr. Scrivner presented the petition of sundry citizens of
EstiJI county, representing that Jeremiah Barnett departed this
life leaving several infant children possessed of a tract of land, of
one hundred and forty acres, in said county; that the same cannot
be divided among his children without serious prejudice, and pray¬
ing that a law may pass to authorise William Horn to sell said
land and to invest the proceeds thereof in lands in Missouri.
3. Mr. G. W. Johnston presented the petition of Jane Pem¬
berton, praying a divorce from her husband, Henry Pemberton.
Which petitions were severally received and referred; the first,
to the committee of propositions and grievances; the second, to
the committee for courts of justice; and the third, to the commit¬
tee of religion.
Leave was given to bring in the following bills:
On the motion of Mr S. H. Anderson—1. A bill for the bene¬
fit of the clerk of the Garrard county court.
On the motion of Mr Collins—2. A bill for opening a road from
Clay court-house to Harlan court-house.
On the motion of Mr Harris—3. A bill for the benefit of the
heirs of Samuel Flournoy, deceased.
On the motion of Mr Murray—4. A bill further to regulate
elections in this Commonwealth.
Messrs. S. H. Anderson, Green, and Brown, were appointed a
committee to prepare and bring in the first; Messrs. Collins, J.
White, and E. Smith, the second; Messrs. Harris, Henry, and
Prince, the third; and Messrs. Murray, Copeland, and Prince, the
fourth.
On motion of Mr. McAfee;
Ordered, That the committee of propositions and grievances be
discharged from the further consideration of the petition of Wil¬
liam Stamper.
Mr. Butler, from the committee of claims, to whom was refer¬
red a bill for the benefit of Henry ’Weddington: reported the
same with an amendment; which being twice read, was concur¬
red in: and the said bill, as amended, ordered to be engrossed
and read a third time.
A message was received from the Senate announcing their dis¬
agreement to a bill which originated in this house, entitled, an act
to establish a tobacco inspection at Paintsville, in Floyd county.
And the passage of bills which originated in this house, of the
following titles:
An act for the benefit of Vachel Welden, jailor of Bracken
county.
An act prescribing a mode for vacating judgments recovered
against or in favor of deceased persons.
An act to authorise the sale of a street in Russellville.
An act for the benefit of Daniel M. Kittenger.
Jan. 17.J HOUSE OF REPRESENTATIA^ES. 333
An act to provide for laying the levy in certain counties, and for
other purposes: with amendments to tlie two latter bills.
Mr. Butler, from the committee of claims, made the ibllowing
report:
The committee of claims have, according to order, had under
consideration the petition of John Smith; and have come to the
following resolution:
Resolved, That said petition is reasonable, except so much there¬
of as prays for interest upon his claim.
Which being twice read, was adopted.
Ordered, That the said committee prepare and bring in a bill
pursuant to said resolution.
Mr. Ewing, from the committee for courts of justice, made the
following report:
The committee for courts of justice have, according to order,
had under consideration sundry petitions to them referred, and
have come to the following resolutions thereon:
1. Resolved, That the petition of Jam.es Reese and others, pray¬
ing that a law may pass authorising him to sell a tract of land,
deeded in trust, for the benetit of his children, be rejected.
2. Resolved, That the petition of sundry citizens of Caldwell
county, praying that a law may pass authorising the sale of a house
and lot in Eddyville, the property, by descent, of the infant heir
of Benjamin Marshall, deceased, be r jected; as provided for by
the general law now in force.
3. Resolved, That the petition of sundry citizens of liarren coun¬
ty, praying that a law may pass amending the laws now in force
in relation to slaves hiring themselves, be rejected.
Which being twice read, was concurred in.
On the motion of Mr. Ewing:
Ordered, That the committee for courts of justice be discharg¬
ed from preparing and bringing in a bill for the benefit of poor
widows.
Mr. Ewing, from the committee for courts of justice, to whom
was referred a bill to incorporate the Louisville Savings Institu¬
tion: reported the same without amendment.
The said bill having been amended:
Mr. Gorin then moved further to amend said bill by adding
thereto the following section:
Be U further enacted. That nothing in this act contained shall be
so construed as to prevent the legislature from altering or amend¬
ing the same.
And the question being taken on the adoption thereof, it was
decided in the negative.
The yeas and nays being required thereon, by Messrs. David¬
son and Hauser, were as follows:
331 JOURNAL OF THE [Jan. 17.
YEAS—Messrs. Davidson, Faris, Gaines, Gorin, Green, Ilauscr, B.'
S. Morris, Pickeil, Riii'e, S. rivner, and T. 1. Youn^—11.
NAYS—Messrs. A; el, S. 11. Auilerson, Bel!, B.)one, Braniletf, Brown,
Butler, Chilton, Churchill, Coiliiis, Cook, Copeland, Crow, Coving; ai,
Ciilley, Davis, Delaney, D ’.nlap, English, Ewing, Ford, Harris, Harri¬
son, Hayden, Hill, Hughc.s, Innis, Jennings, G. \V. Johnslon, \V. John¬
son, Kennedy, Lee, Lucas, M .Afee, McDonald, McFali, Mar.shali, Mat-
son, Maxey, -M.i)', Megowan, Meriwether, M.mtgoinery, D. M <rris,
Murray, Ozborn, Nnttall, Patterson, Pendleton, Prince, Pryor, Rudd,
Sanders, Seaton, Shanks, Shepherd, Short, Simpson, D. T. Snii.h, E.
Smith, W. Smith, Soiitligate, Stevenson, B. F. Thomas, W. Thomas,
Thompson, Thruston, Ward, Wicklitre, J. Wiliianis, S. Williams, D.
White, J. White, Woolley, Yates, and S. Young—7o.
The said bill was then ordered to be engrossed and read a third
time.
And thereupon the rule of the liouse, constitutional provision,
and third reading of said bill having been dispensed with, and the
same being engrossed;
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
The yeas and nays being required on the passage of said bill,
by Messrs. Green and Gorin, were as follows, viz:
YEAS—Messrs. S. H. Anderson, Bell, Boone, Bowling, Bramlett,
Brown, Butler, Chilton, Churchill, Collins, Cook, Copeland, Crow, Cov¬
ington, Culley, Davis, Delaney, Dunlap, English, Ewing, Faris, Ford,
Fulton, Harris, Hayden, Henry, Hill, Hughes, Inni.s, Jett, G. W. .Tohn-
ston, W. Johnson, Kennedy, Lee, McAfee, McDonald, M' Fall, Mar¬
shall, Matson, May, Megowan, Meriwedier, Montgomery, Morgan, Mur¬
ray, Ozborn, Nuttall, Patterson, Pendleton, Prince, Pryor, Rudd, San¬
ders, Seaton, Shanks, Shepherd, Short, Simpson, D. T. Smith, E. Smith,
W. Smith, Southgate, Stevenson, B. F. Thomas, W. Thomas, Thomp¬
son, Thruston, Ward, Wicklitfe, J. Williams, D. White, J. White, Yates,
and S. Young—74.
NAYS—Messrs. Davidson, Gaines, Gorin, Green, Harrison, Hauser,
Maxey, B. S. Morris, D. Morris, Pickett, Rifle, Scrivner, S. Williams,
Woolley, and T. 1. Young—15.
Ordered, That the Clerk carry the said bill to the Senate, and
request their concurrence.
Mr. Ewing, from the committee for courts of justice, to whom
was referred a bill to incorporate the City of Maysvillc: reported
the same without amendment.
The said bill was then ordered to be engrossed and read a third
time.
Jan. 17.] HOUSE OF REPRESENTATIVES.
335
And thereupon the rule of the house, constitutional provision,
and third reading of said bill having been dispensed with, and the
same being engrossed:
Resolvcdi That the said bill do pass, and that the title thereof
be as aforesaid.
Ordered, That the clerk earry the said bill to the Senate and
request their concurrence.
A bill to regulate the terms of certain circuit courts, and for oth¬
er purposes: was ordered to be read a second time.
And thereupon the rule of the house, constitutional provision,
and second reading of said bill having been dispensed with, the
same was referred to a select committee of Messrs. D. White.
Brown, Woolley, Butler, and Marshall. *
The following bills were reported from the committee for courts
of justice, viz;
1. A bill for the benefit of the infant heirs of Casper Hinton.
2. A bill for the benelit of the children of Caleb Martin.
Which bills were severally received and read the first time, and
ordered to be read a second time.
And thereupon the rule of the house, constitutional provision,
and second and third readings of said bills having been dispensed
with, and the same being engrossed:
Resolved, That the said bills do pass, and that the titles thereof
be as aforesaid.
Ordered, That the Clerk carry the said bills to the Senate and
request their concurrence.
Mr. —— then moved to take up, for consideration, a resolution
from the Senate, fixing on a day for an adjournment of the Cen-
eral Assembly.
And the question being taken thereon, it was decided in th-
negative.
~ The yeas and nays being required thereon, by Messrs. D. T.
.- r.impson, were as follows, viz;
rson, Boone, Cook, Crow, Covington,
Gaines, Gorin, Green, Ihighes,
, 'I 'lngoniery, Morgan, B,
rivner, Slianks, Simpson, D.
1 , S. VViiliams, and J. While—33.
-w ing, Brown, Butler, Chilton, Chur-
U m.aii. Ford, Fulton, Harris, Harri-
s, .Fenning.‘j, G. W. Jolin.«ton, W.
M Donald, McFall, M irshall, Ma's.m,
- . Nuttall, Fickeit, Prin e, Ryor, liitie,
Sanders, Seaton, Shepherd, Short, E. Smith, W. Smith, Soutligate. Ste-
Smith and Si;
- -Messrs. S. II. An
Davidson, Davis, English, Ewing, Fans, (
Jett, Lucas, Ma,\ey, Megowan, Meriwo her, M
S. Morris, Patterson, Pendlet.ai, Pierce, Sc
T. Smith, W. Phomas, Thompson
NAYS—Messrs. Abel, Bell, B^
chill, Copeland, Culley, Delaney,
son, Hayden, Hauser, Henry, Hill, Imiii
Johnson, Kennedy, M. Afee,
May, D. Morri.s, Murray, Ozi.orn
330 JOURNAL OP THE [Jan. 17.
venson, B. F. Thomas, Thrusfon, Ward, Wicklifie, J. Williams, D. White,
Woolley, Yates, S. Yoong, and T. I. Young—56.
An engrossed hill entitled, an act to incorporate the Licking
river Navigation Company: was read a third time.
It was tiien moved and seconded to lay the said bill on the ta¬
ble until the first day of June next.
And the question being taken thereon, it was decided in the
afiirmative.
The yeas and nays being required thereon, by Messrs. Fulton
and Hauser, were as follows, viz;
YEAS—Mr. Speaker, Messrs. Abel, Bell, Bowling, Bramlett, Brown,
Chilton, Churchill, Cook, Copeland, Covington, Culley, Davidson, De¬
laney, Dunlap, Ewing, Faris, Fulton, Gorin, Harrison, Hauser, Hill,
Hughes, Jett, tV. Johnson, Kennedy, Lee, McAfee, McDonald, Mar¬
shall, Maxey, Montgomery, Morgan, B. S. Morris, D. Morris, Ozborn,
Patterson, Pendleton, Pickett, Pierce, Riffe, Rudd, Sanders, Scrivner,
Shanks, Shepherd, Simpson, W. Smith, Southgate, Stevenson, W. Thom¬
as, Thompson, J. Williams, S. Williams, and T. I. Young—55.
NAYS—Messrs. S. H. Anderson, Boone, Gaines, Harris, Hayden, G.
W. Johnston, Matson, Meriwether, Pryor, Seaton, D. T. Smith, E. Smith,
B. F. Thomas, Thruston, Wickiiffe, D. White, J. White, Woolley, Yates,
and S. Young—20.
The amendments proposed by the Senate to bills which origin¬
ated in this house, of the following titles, were twice read and
concurred in, viz:
An act authorising the several county courts of this Common¬
wealth to permit gates to be erected on certain public roads.
An act to legalize the proceedings of the trustees of the town
of Taylorsville, in the countj of Spencer, and for other purposes.
An act for the benefit of Daniel M. Kittenger.
An act to change the place of voting at the Claysville precinct,
in Harrison county, and for other purposes.
An act to authorise Clerks, Sheriffs, Justices, and Constables
the collection of their fees from those about to leave this Common¬
wealth.
An act for the benefit of Morgan Forbes’ heirs and Clark Mc-
.Yfee’s heirs.
An act changing the boundary lines of the 72d Regiment of the
Kentucky Militia.
An act to authorise the establishment of a road from Harrods-
burg to the Lexington road from Rardstown, and for other pur¬
poses.
An act for the benefit of Sally Spillman.
HOUSE OF REPRESENTATIVES,
An act for the benefit of tlie sheriffs of Gallatin, Pendleton, and
Bath counties.
An act to establish a road from Louisville to the state line, in
a direction to Knoxville.
Ordered, That the Clerk inform the Senate thereof.
The house took up the amendments proposed by the Senate to
a bill which originated in this house, entitled, an act to provide
for laying the levy in certain counties, and for other purposes.
Which being twice read, the first and third were disagreed to,
and the second concurred in.
Ordered, That the Clerk inform the Senate thereof.
And then the house adjourned.
FRIDAY, JANUARY 18, 1833.
Leave was given to bring in the following bills:
On the motion of Mr Chilton—1. A bill to incorporate the
Elizabethtown Savings Institution.
On the motion of Mr Morgan—2. A bill for the benefit of
Samuel Stockwell.
Messrs. Chilton, Thruston, McAfee, Hill, Culley, Jennings, and
Yates, were appointed a committee to prepare and bring in the
first; and the committee of religion, the second.
Mr. Kennedy presented the petition of sundiy citizens of Bour¬
bon county, praying the establishment of an election precinct in
said county.
Which was received, read and referred to the committee of
privileges and elections.
A message was received from the Senate announcing their dis¬
agreement to bills which originated in this house, of tlie follow¬
ing titles:
An act for the benefit of Melinda Noe.
An act for the benefit of Bowling Thompson.
An act for the benefit of Maria Tyler.
An act to dissolve the marriage contract between Francis Con¬
ner and wife, and others.
An act for the benefit of Samuel C. Scroggin.
An act for the benefit of Israel Rose.
An act for the relief of James Cole.
And that the Senate had received official information that the
Governor did. on the I4tli instant, approve and sign an enrolled
bill, which originated in the Senate, entitl'd, an act to add a part
of the county of Gldhani to the county of Shelby.
Mr. Ewing, from the committee for courts of justice, made the
following report:
S2
338
JOURNAL OF THE
[J/S.N. IS.
The committee for courts of justice have, according to order,
had und(;r ccri'ideration the petition of sundry citizens of T,still
county, praying that a law may pass autliorising tlic sale of a tract
of land, the property of tlie infant heirs of Jeremiah Barnett, de¬
ceased; and have come to the following resolution thereon:
Ilsolv/’.rl, That said petition be rejected.
Which being twice read, was concurred in.
The following bills were reported from the several committees
appointed to prepare and bring in the same, viz:
By Mr McAfee, from the committee of j)ropositions and griev¬
ances— . A bill allowing an additional justice of the peace for
the county of Bath, and for other purposes.
By Mr Ewing, from the committee for courts of justice—2. A
hill to explain and amend the act of 22d December, 1831, on the
subject of granting license to tavern keepers.
3. A bill to prohibit the county courts from granting license to
free persons of colour, and for other purposes.
4. A bill for the benefit of the infant heirs of Thomas Frazier,
deceased.
By Mr Stevenson, from the committee of religion—5. A bill for
the benefit of Susannah Brown.
6. A bill to dissolve the marriage contract between William
and Pamela Parker.
Which bills were severally received and read the first lime, and
ordered to lie read a second time.
And thereupon the rule of the house, constitutional provision,
and second reading of said bills having been dispensed with, the
first, second, fourth, fifth and sixth were severally ordered to be
engrossed and read a third time; and the third was committed to
the committee for courts of justice.
And thereupon the rule of the house, constitutional provision,
and third reading of the first, second, fourth, fifth and sixth bills
having been dispensed with, and the same being engrossed:
Resolved, That the said bills do pass, and that the titles thereof
be as aforesaid.
Ordered, That the Clerk carry the said bills to the Senate and
request their concurrence.
Mr. Chilion, from the joint committee appointed to examine
the Registers Office, made the following report:
The joint coinmiHee of the Senate and House of Representatives, ap¬
pointed to examine and repor the state of the Land Office, have per¬
formed the duty required, and report as follows:
That they find transcribed from the Virginia Land Office, surveys in
bundles, numbered from 1 to 273, neatly labelled, with an alphabet;
also, 1!) bundles containing the '’aveaied and defective surveys on which
grants have'issued, four bundles of caveated surveys, two bundles of
Jan. 18.J HOUSE OF REPRESENTATIVES.
3.39
defective surveys, and one bundle of surveys mislaid from their proper
places, all neatly labelled and recorded m eleven volumes, well bound,
with a com|)lete alphabet; two bundles of warrants located and mislaid,
one bundle copies of wills, sixteen volumes, the record of grants issued
on the aforesaid surveys in good order with a complete alphabet; 'he re¬
cord of military warrants from the Virginia Land Office, in two volumes
with alphabets, in good order. A list of Virginia Treasury warrants, in
two volumes. The record of iire-emption warrants, in one volume, and
one volume containing die record of warrants under the proclamation of
17'J3, withaiphabeis, mgood order. Commissioner’s certiticaiesgran'ed
in 1 ni) and 80, in three volumes with alphabets, in good order; the sale
books of non-residents’ lands for the years 1800, 1, 2, and 4, have a
new alphabet, (though the books are somewhat worn.) ‘he books in which
the sales of 1805, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,16,17, 18, 19, and
20 are recorded, they find in good order widi aljihabets, two volume.‘-,in
which surveys have been registered since 1792, in good order; the said
s, ■ cys are tied up in bundles and numbered fi\ m 1 to 145, n(i,idy la¬
belled, with an alphabet. The records of these surveys, togeiher with
the record of some grants, in eleven volumes wi h an alphabet, in good
order; the grants issued on the aforesaid survey.s are in nineteen vo¬
lumes widi an alphabet, in good order. Tiie surveys on Hea- -right
claims are neatly registered in three volumes with two alphabets, ( ne of
which is much worn.) The Head-right platls and certifi' aies of survey
are fiied in bundles, numbered from-1 to 314, noa ly la elled, and rc- i.rd-
ed in seventeen volumes, with two alphabets, in good order. 'i'he:;rants
issued thereon are recorded in twenty-eight volumes, well bound with -wo
alphabets, in good order. Land warrants issued un ler the act of 1800,
the surveys and grants on the same, and also, the Tellico surveys and
grants, are in three volumes, they are registered in one volume; the ori¬
ginal surveys tied up in thirteen bundles neatly labelled, all in good order.
Nine bundles of certificates on which warrants have issued, seven bun¬
dles of certificates of sale of non-residents’ lands, on vvhi h deeds have
issued, one bundle Attorney General’s opinions to the Register, •hree
bundles county court certificates, seven bundles of cavea's since 1792,
four bundles caveated surveys since 1792, two bundles of surveys not
registered for the want of fees since 1792, one bundle of defective sur¬
veys since 1792, forty-two bundles of vouchers on which the late Ken¬
tucky land warrants have issued, all neatly labelled and in good order,
one volume containing the surveys under the proclamation of 1763, with
an alphabet, two volumes of certificates granted in 1796, and three \o-
lumes in 1798, with alphabets. Anderson and Croghan’s military entry
i
JOURNAL OF THE
[Jas. 18,
books in two volumes, with alphabets. The transcript of Lincoln entries
in two volumes with an alphabet, in good order. May’s entries (so call¬
ed) transcribed in five volumes, with two alphabets, in good oiderj one
volume of Green’s deputy register of surveys, made jn-evious to .tunc,
1792. One volume of relinquishments in tolerable order. A list ot
Kentucky land warrants issued under the act of 1S14, and subsequent
acts, in three volumes, and the record of said warrants in ten volumes
The original surveys made on said warrants, are tied up in three hun¬
dred and fifty-one bundles neatly labelled and recorded, in sixteen vo¬
lumes well bound; the grants issued thereon recorded in twenty-six volumes
with two alphabets, in good order; the said surveys are neatly registered
in foul' volumes with three alphabets, in good order; three volumes in
which caveats are recorded, with alphabets. Eleven books of original
entries from the county of Fayette, neatly transcribed in four volumes
well bound with an alphabet, in good order, agreeably to an act of As¬
sembly, approved 5th January, 1824. One book of original entries from
the county of Mercer, one from Bourbon, and one of Nelson, have been
returned by the surveyors of said counties, to the Register’s office, agree-
*ably to an act of Assembly, approved February 12th, 1820, all of which
books of entries are in order fit to be used. The surveyor of Jefferson
county has failed to return the original entries of that county to the Regis¬
ter’s ' office, as your committee have been informed by tlie Register.
One volume of military grants for land west of the Tennessee river, one
volume in which the surveys of that land are recorded, and one volume
in which they are registered, the surveys are neatly tied up in six bun*
dies, each volume having a separate alphabet; three volumes in which
certificates of sales of lands West of the Tennessee river are recorded, five
volumes of grants issued thereon, with alphabets, in good order; one vo¬
lume of Henderson’s field notes; one volume in which the surveys of
land South of Walker’s line are recorded; three volumes of grants, one
volume in which the same are registered, with alphabets, in good order ;
the surveys are tied up in twenty-three bundles neatly labelled; one vo¬
lume of the list of warrants South of Walker’s line; one volume in which
these warrants are recorded; one volume iq. which the surveys on for¬
feited lands are registered; one volume of the record of grants on the
same, with alphabets, in good order; eleven bundles certificates of sale
of lands West of the Tennessee river on which grants have issued, neat¬
ly labelled.
Your committee deem it an act of justice to say, that tliey found the
office, its furniture, books and papers in e.xcellent order, and that their
examination was greatly facilitated both by the prompt answers of tlie
•‘fc
311
Jan. 1S.J HOUSE OF REPRESENTATIVES,
Register and his clerks, to all the questions propounded to thorn, and the
fact that all the books and papers were in their proper places. Your
committee are satisfied that the labors of the office have been greatly in¬
creased since the reduction of the price of warrants; and particularly,
since the practice has been adopted of dividing large tippropriations of
land into numerous small warrants and certificates of survey, upon which
the state price has been remitted, and no fees are chargeable.
It has been heretofore reported to the Legislature, that the Register
expended about eight hundred dollars of his salary annually for clerk
hire, on account of the increased duties of his station. Your committee
are informed that this is the fact, and incline to the opinion that it would
be but an act of justice to that officer, that in all cases in which appro¬
priations of land are made on which tlie state price and fees are remitted,
that some allowance be made to the Register for his increased labor.
All of which is respectfully submitted.
CYRUS WINGATE,
JAMES DEJARNATT,
C. A. RUDD,
Committee of
t!ie Senate.
TIIO. CHILTON,']
JOILN WHITE,
G. A. HENRY, .
B. S. MORRIS,
S. PI. BOONE,
Committee II. R.
Mr. Ewing, from the committee for courts of justice, reported
for the adoption of the house, the following resolution:
Resolved, That this house, during the balance of the session,
w'ill adjourn each day precisely at half after one o’clock, to meet
again at half after two o’clock, for the purpose of sitting in the
evening.
It was then moved and seconded to lay the said resolution on
the table.
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon, by Messrs. Gorin
and Ewing were as follows: .
YEAS—Messrs. Abel, Bowling, Brainlett, Butler, Chilton, Churchill,
Delaney, English, Green, Harris, Henry, Lee, Matson, Montgomery,
Ozborn, Nuttall, Patterson, Rudd, W. Smith, Southgate, B. I*'. Thomas,
J. Williams, D. White, and Woolley—24.
NAYS—Messrs. S. H. Anderson, Bell, Boone, Brown, Collins, Cook,
Copeland, Crow-, Covington, Davidson, Davis, Dunlap, Ewdng, Faris,
Gaines, Gorin, Hauser, Hughes, Jennings, Jett, W. Johnson, Kennedy,
Lockhart, Lucas, McAfee, McDonald, McFall, Marshall, Maxey, May.
342
JOURNNL OF THE
[J\N. 18.
Megowan, Meriwether, Morgan, B. S. M'.. l'i^, D. M rrip, M.irray, Pen¬
dleton, Pickett, Pierce, Prince, Pryor, ildle, S .i.ner, iseu on, Slianks,
Sliepherd, Short, Simpson, D. T. Smi h, E. Sini h, S uvenson, VV, Thom¬
as, Thompson, Thruston, Wickdffe, S. Wiiiiams, J. White, Yares, and
S. Young—59.
It having been objected that said resolution was out of order,
and not being within the province of said committee to offer for
consideration. The Speaker, (Mr. Me A fee, then occupying the
chair.) so declared it to be out of order; from which decision of
the chair Mr. Ewing appealed to the house.
The question was then taken: Is the decision of the chair cor¬
rect? Which was decided in the affirmative.
The jeas and nays being required thei'eon, by Messrs. Ewing
and Davidson, were as follows, viz:
YEAS—Messrs. Abel, S. II. Anderson, Bell, Bowling, Brown, Butler,
Chilton, Churchill, Collins, Co])eland, Crow, Culley, Delaney, English,
Ford, Fulton, Gaines, Green, Harris, Harrison, Hayden, Hauser, Hen¬
ry, Hill, Innis, Jett, G. W. Johnston, W. Johnson, Kennedy, Lee, Lock¬
hart, Lucas, McDonald, McFall, Matstui, Maxey, May, Meriwether,
Montgomery, Morgan, B. S. Morri.', D. M )rris, Ozborn, Nuttall, Patter¬
son, Pendleton, Pickett, Prince, Rudd, Seaton, Shanks, Shepherd, Short,
E. Smith, Southgate, Stevenson, B. F. Thomas, W. Thomas, Thompson,
Thruston, Ward, Wickliffe, J. Williams, D. White, J. White, Woolley,
and S. Y''oung—97.
NAY'^S—Messrs. Covington, Davidson, Davis, Ewing, Gorin, Hughes,
Jennings, Simpson, D. T. Smith, S. Williams, and Yates—II.
Mr. Ewing then moved to dispense with ti e usual orders,of the
day, with a view to offer for consideration the aforesaid resolu¬
tion.
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon, by Messrs. Ewing
and-, were as follows, viz:
YEAS—Messrs. Butler, Collins, Covington, Davidson, Davis, Dun¬
lap, Ewing, Faris, Ford, Gaines, Gorin, Hauser, Hughes, Innis, Jen¬
nings, G. W. Johnston, W. Johnson, Lucas, McAfee, Marshall, Megow¬
an, Meriwether, Morgan, Pickett, Pierce, Rilfe, Scrivner, Shanks, Simp¬
son, D. T. Smith, W. Thomas, Thompson, Wickliffe, S. Williams, J.
White, and Yates—36.
NAYS—Messrs. Abel, S. H. Anderson, Ball, Boone, Bowling, Brown,
Chilton, Churchill, Copeland, Crow, Culley, Delaney, English, Fulton,
Green, Harris, Harrison, Hayden, Henry, Hill, Jett, Kennedy, I ee,
Tiockhart, McDonald, McFall, Matson, Mu.vey, May, Montgomery, B.
HOUSE OF REPRESENTATIVES,
S. Morris, D. Morris, Ozboni, Nuttall, Patterson, Pendleton, Prince,
Rudd, Seaton, Shepherd, Short, E. Smitli, W. Smilli, Southgate, Steven¬
son, 13. F. Tliomas, Thruston, Ward, J. Williams, D. White, Woolley, and
T. 1. Young—52.
Mr. Stevenson, from the committee of religion, made the fol¬
lowing report:
The committee of religion have had under consideration the
petition of Nathaniel Herrington, praying to be divorced from his
wife, Milley; and they are of opinion that said petition is unrea¬
sonable.
They have had under consideration the petition of William Bow¬
ers, praying to be divorced from his wife, Ellen; and are of opin¬
ion that said petition is unreasonable.
They have also had under c( nsideration the petition of Moses
W. Brigham, praying to be divorced from his wife, Margaret; and
are of opinion that said, petition ought to be rejected.
Which being twice read, was concurred in.
hlr. Green, from the committee of ways and means, made the
following report:
The committee of ways and means to whom was committed a bill to
provide for the ordinary e.xpenses of government, have had the same un¬
der consideration, and ask leave respectfully, to report:
That by the estima<es of the Auditor of Public Accounts, there wall
be required to defray the ordinary expenses of government during tlicr
present fiscal year, en.ung on the 10th day of October next, the sum of
one hundred andffty-Jive thousand six hundred and eighty-Jive dollars;
and your commi tee flo not think it would be safe to calculate on meeting
the current demands on the Treasury by any smaller sum.
To meet those demands, we are informed from the same source, that
tlie probable receipts into the Treasury during the present year, will not
e.xceed the sum of one/tuniZrctZ and thirty-four thousand five hundred and
ninety-eight dollars and forty-six cents; making a deficit, according to
the most favorable estima'e,of twenty-four thousand and eighty-five dol¬
lars and fifty-four cents. But it must be recollected, tliat in the estimat¬
ed amount of receipts into the Treasur)', there are embraced the follow¬
ing items which can scarcely be considered as ordinary revenue, as they
are the proceeds of the public domain, he patrimony received from our
parent state, and are every year rapidly diminishing in amount, to-wit:
Profits on stock in the Bank of the Commonwealth, g 10,000 00
Bank stock fund, viz: Vacant and Heati-right lands, 3,000 00
Other hind tvarrants an ' forfeited lands, 550 00
Saie of lands West of Tennessee river, 25,000 00
Town treasurer of the town of Columbus, 1,473 83
JOURNAL OF THE
[Jan. 18 .
Making the sum of forty tlioiisand one hundred and twenty-three; dollars
and eigdity-three cenis, nhieh, although it is by law made payable into
the Treasury and subject to be distributed like other moneys, yet is not
raised by ordinary taxation. li this sum be deducted from the Auditor s
estimates, it will be found that the net amount expected to be-collected
the present year, by taxation, including a few outstanding balances due
from sheriffs and others, is only $bl,478 63, being $64,206 37 Icssthan
the estimated expenditures of the present year.
Your committee are induced to take this view, for the purpose of sub¬
mitting the following propositions:
Isl. If it he the policy of the General Assembly to set apart the capital
owned by the state in the banks and the residue of the public land.s, foi the
purposes of internal improvements or other e.xtraordinary appropriations,
then it will be necessary to provide an additional revenue, to defray the
ordinary expenses of government, to the amount of $64,306 37.
2d. But if it be decided that the above suin of ^40,123 83 shall go in
aid of the revenue, towards defraying the e.xpenses of government, then
it will be necessary to provide an addition of only ^'24,086 54 to meet
t.he ordinary expenses of the present year. With a view to meet the one
or oiher ol ject, as the Legislature might decide, your committee have en¬
quired, whedier the field of taxation might not be enlarged. But after
the best consideration they could give the subject, afe unable to agree
upon any additional subjects of ta.xation, and have agreed to recommend
an increase of the tax on all property now sul ject to the ad valorem tax.
In coming to this conclusion, your commibee h ive not been unmindful
of the weighty suggestions which have been made in favor of taxing mon¬
ey, furniture, cattle, &.c. But it has not appeared to a majority of your
committee, that the additional subjects proposed would produce an amount
equal to the demands of the Treasury; or that the people would pay
their taxes more kindly, merely because they were paid on a greater va¬
riety. To impose a tax on cattie or hogs, is only taxing tlie land and
labour employed in their rearing, in a new form, and it would pro¬
duce an odious (kstribution between the different pursuits of agricul¬
ture. While the tobacco planter and the'hemp grower, &.c. were exempt
from its burthens, the enterprizing grazier who is improving the real and
taxable value of his land, by causing two blades of grass to grow where
only one grew before, would be comjielled to submit to additional burthens.
We do not say that the present system of taxation operates with entire
equality on all the pursuits of life. But it does seem to your commit'ee
to be sufiiciently so, for pra'-tical purp-ises, and as much so as the propos¬
ed additions to the subjects of taxation would make it. ^ There are many
HOUSE OF REPRESENTATIVES,
who believe that a tax on money is ultimately paid by the borrower, and
in that way bears oppressively oil the necessitous. For this and other
reasons, we believe such a tax is seldom imposed, except where money
is vested in bank stock, where the rate of interest is regulated, and usu¬
ry forbidden by the charter. To form a proper estimate of the produc¬
tiveness of any rate of increase of taxation, it is necessary to have in
view the probable amount at which the commissioners may value the pro¬
perty subject to an ad valorem tax. This has fluctuated within the last
nine years from ninety-five millions, to one hundred and fifty-two millions
of dollars; making an average of about the amount at wdiich the Audi¬
tor estimates it for the present year; being a little over one hundred and
twelve millions and a quarter. Which at the rate of six and a quarter
cents on every hundred dollars will produce a net revenue, after deduct¬
ing all losses and drawbracks for collections, &c. of $(j8,l'?'8 16. Tak¬
ing this data as a criterion, an increase to nine cents on each .f 100 ivould
JOURNAL OF THE
[Jan. 13.
YEAS—Mr. Speaker, Messrs. A. Anilerson, Bell, Boone, Brown,
B it'er, Covington, De'aney, Dunlap, Gaines, Green, Harris, Harrison,
Hauser, Henry, Innis, Jett, G. W. Johnston, VV. Johnson, Kennedy, Lee,
Lucas, Mi Afoe, M. Donalri, Marshall, Matson, May, Meriwether, B. S.
Morris, D. Morris, Pickett, Prince, Pryor, Rudd, Seaton, Shepherd,
Slioi", VV. Smith, Southgate, S.evenson, B. F. Thomas, Thruston, Ward.
Wickliffe, J. VV'ihiams, and Woolley—46.
NAYS—Messrs. Abel, S. H. Anderson, Bowling, Bramlett, Chilton,
Churchill, Collins, Coi k, Copeland, Crow, Culley, Davidson, Davis,
English, Ewing, Faris, Ford, Fulton, Gorin, Hayden, Hill, Hughes^ Jen¬
nings, Lockhari, M' Fall, Maxey, Megowan, M-.migomery, Morgan, Oz-
born, Nutiall, Penuleton, Pierce, Rilfe, Sanders, Scrivner, Shank.s, Simp¬
son, D. T. Smith, E. Smith, W. Thomas, Thompson, S. Williams, D.
White, J. White, Yates, S. Young, and T. I. Young—48.
Sir. Butler then moved to lay the said bill on the table.
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon, by Messrs. Chilton
and Butler, tx^ere as follows, viz:
YEAS—Messrs. Abel, Bowling, Butler, Covington, Ewing, Ford,
Gaines, Harris, Haytien, Hauser, Henry, Innis, Jett, G. W. Johnston,
Lucas, M 'Afee, M Donald, M: Fall, Marshall, May, B. S. Morris, D-
Morris, Murray, Nuttall, Patterson, Pickett, Pierce, Prince, Pryor, Riffe,
S'-rivner, Seatim, Shanks, D. T. Smith, W. Smi'h, Southgate, Thompson,
Thrusion, S. Williams, D. While, Woolley, and S. Young—42.
N VYS—Mr. Speaker, Messrs. A. Anderson, S. H. Anderson, Bell,
B '. ne, Bramle't, Brown, Chilton, Churchill, Collins, Cook, Copeland,,
Crow, Culley, Davidson, Davis, Delaney, Dunlap, English, Faris, Ful¬
ton, Gorin, Green, Harrison, Hi Hughes, Jennings, W. Johnson, Ken¬
nedy, Lee, Ma son, Maxey, Megowan, Meriwether, Montgomery, Mor¬
gan, Ozborn, Pendleton, Rud l, Sanders, Shepherd, Short, Simpson, Ste¬
venson, B. F. Th mas, W. Thomas, Ward, Wickliffe, J. Williams, J.
White, Yates, and T. I. Young—52.
Mr. Chilton then moved an amendment, as a separate section,
which was amended, by a xmte of the house, to read as follows,
viz;
An:l he it further enacted, That there shall hereafter be collect¬
ed. as now required by law, upon other articles subject to taxa¬
tion, upon till cattle, two milch cows with their calves excepted,
six and a fourth cents upon each hundred dollars in value.
-Viid the question being taken on adopting the said amendment,'
it was decided in the negative.
347
Jm. 18.1 HOUSE OF REPRESENTATIVES.
The yeas and nays being required thereon, by Messrs. Chilton
and Thruston, were as follows, viz;
YEAS—Messrs. Abel, S. 11. Anderson, Bell, Boone, Bowling, Brain-
lett, Chilton, Copeland, Culley, Delaney, Gaines, Green, Harris, Hilly
Lockhart, M?Afee, McDonald, Matson, B. S. Morris, Ozborn, Nuttall,
Patterson, Pickett, Rifle, Sanders, Simpson, D. T. Smith, E. Siiiith, W.
Smith, B. F. Thomas, W. Thomas, Ward, J. VVifliams, D. White, and
Ya>es—35.
NAYS— Mr. Speaker, Messrs. Butler, Churchill, Collins, Cook, Crow,
Davidson, Davis, Dtmlap, Ewing, Paris, Fulton, Gorin, Harrison, Hay¬
den, Hauser, Henry, Hughc.s, Jett, G. W. Johnston, W. Johnson, Ken¬
nedy, Lee, Lucas, McFall, Maxey, May, Megowan, Meriwether, Mont-
gomery, Morgan, D. Morris, Prince, Pryor, Riidci, Sirivner, Soa ./n,
Shanks, Short, Stevenson, Thompson, WicknUe, S. Williams, J. White,
Woolley, S. Young, and T. I. Young—47.
Mr. Chilton then moved further to amend said bill, by adding
thereto as an additional section, the following, viz:
And be it further enacted, That upon all gold and silver and bank
notes, at their vahte iti g' Id and silver, which the person listing his
property for taxation, may have in his own possession, or ujion de-
posite or loan, in the hands and possession ol any other person or
persons whatever, excepting thereout such money or bank notes
as he may have on loan from others; and on all road, bridge, or
other stock, except bank stock paying a bonus, ticUittlly ptiid in,
there shall be collected on each hundred dolhirs, six and a fourth
cents.
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being retjuired thereon, by Messrs. Chilton
and Green, were as follows, viz:
YEAS—Messrs. Abel, S. H. Anderson, B uvling, Bramlett, Chilton,
Copeland, Crow, Culley, Davidson, Davis, Delaney, Ewing, Fulfon,
Hayden, Hill, ivennedy, Lockhart, Luca.®, M Afee, M Donak', M Fall,
Matson, Meriwether, Montgomery, B. S. M rti.s, Ozborn, Nuttall, Pat¬
terson, Prince, Sanders, Scrivner, Simpson, D. T. Smi’h, E. Smidi, B,
F. Thomas, W. Thomas, Ward, J. Williams, D. White, Yates, and T. I.
Young—42.
NAYS—Mr. Speaker, Messrs. A. Anderson, Bell, Boone, Butler,
Churchill, Collins, Cook, Dunlap, Paris, Ford, Gaines, Gorin, Green,
Harris, Harrison, Hauser, Henry, Hughes, Jett, G. W. Johnston, lY.
Johnson, Marshall, Maxey, May, Megowan, Morgan, D. Morris, Pen¬
dleton, Pickett, Pryor, Rifle, Rudd, Seaton, Shanks, Short, W. Smith,
JOUKNAL OF THE
348
[Jan. 18,
Sjufhgate, Stevenson, Thompson, Tliruston, Wickliflfe, S. Williams, J.
WJhte, Woolley, and S. Young—4t).
Mr. Hauser then moved to amend said bill by adding thereto
the following as an additional section:
Be it further enacted, That it shall be the duty of the commis¬
sioners of taxable property, to list without specification, the ag¬
gregate value of the personal estate of each person giving in his
lists of taxable property; and for that purpose the said commis¬
sioners are hereby authorised to administer the oath, as now re¬
quired by law, and to interrogate the person so giving in his list
of taxable property as to the aggregate value of his or their per¬
sonal estate: Provided, horocvcr. That nothing herein contained
shall be so construed as to subject such property as is now exempt
from exection to taxation.
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon, by Messrs. B. F.
Thomas and Hauser, were as follows, viz:
YEAS—Messrs. Fulton, Hauser, Kennedy, Matson, B. S. Morris,
Nuttall, Simpson, B. F. Thomas, W. Thomas, and Yates—10.
NAY'^S—Mr. Speaker, Messrs. Abel, A. Anderson, S. H. Anderson,
Bell, Boone, Bowling, Bramlett, Butler, Chilton, Churchill, Collins,
Cook, Copeland, Crow, Covington, Culley, Davis, Delaney, Dunlap,
Faris, Gaines, Gorin, Green, Harris, Harrison, Hayden, Henry, Hill,
Hughes, Jennings, G. W. Johnston, W. Johnson, Lee, Lucas, McAfee,
McDonald, McFall, Marshall, Maxey, May, Megowan, Meriwether,
Morgan, D. Morris, Ozborn, Patterson, Pendleton, Pickett, Pierce,
Prince, Pryor, Rifle, Rudd, Sanders, Scrivner, Seaton, Shanks, Shep¬
herd, Short, D. T. Smith, E. Smith, W. Smith, Southgate, Stevenson,
Thompson, Thruston, Ward, J. Williams, S. Williams, J. IVliite, Wool-
ley, S. Young, and T. I. Young—74.
Mr, Meriwether then moved to amend said bill by adding there¬
to the following as an additional section, viz:
Be it further enacted. That eight cents on each hundred dollars
worth of property, held by any individual and actually in his pos¬
session on the 10th day of January, in each and every year, be
assessed and collected by the Sheriffs of this Commonwealth, on
the ad valorem principle; and the taxes collected on non-residents,
lands shall be after the same rate. And it shall be the duty of
each Sheriff to advertise at the door of their respective court¬
houses, on the first day of the March or April term of their re¬
spective county courts the rate, per hundred dollars, fixed by this
act to be collected.
319
Jan. 18.] HOUSE OF REPRESExXTATIVES.
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon, by Jlessrs. Meri¬
wether and B. S. Morris, were as follows, viz:
YEAS—Messrs. Boone, Churchill, G. W. Johnston, McFall, Matson,
Meriwether, B. S. Morris, Rudd, and Shepherd—9.
NAYS—Mr. Shaker, Messrs. Abel, A. xinderson, S. H. Anderson,
Bell, Bowling, Bramletl,Butler, Chilton, Collins, Cook, Copeland, Crow,
Covington, Culley, Davidson, Davis, Delaney, Dunlap, Ewing, Fulton,
Gaines, Gorin, Green, Harris, Harrison, Hayden, Hauser, Henry, Hill.
Hughes, J eniiings, W. Johnson, Kennedy, Lee, Lockhart, Lucas, McAfee,
McDonald, Marshall, Ma.vey, May, Megowan, Montgomery, IMorgan,
D. Morris, Ozborn, Nuttall, Patterson, Pendleton, Pickett, Pierce, Prince,
Pryor, Rifle, Sanders, Scrivner, Seaton Shanks, Short, Simpson, D. T.
Smith, E. Smith, W. Smith, Southgate, Stevenson, B. F. Thomas, VV.
Thomas, Thompson, Thruston, Ward, Wickliffe, J. Williams, S. Vul-
liaras, J. White, Woolley, Yates, S. Young, and T. 1. Young—79.
Mr. McFall then, from the mtijority on the vole by which the
Substitute reported by the committee of ways and means was re¬
jected, moved a reconsideration of said A'ote.
And the question being taken on reconsidering said vote, it was.
decided in the affirmative.
The yeas and nays being required thereon, by' Messrs. Chilton
and Thruston, were as follows:
YEAS—Mr Spb.aker, Messrs. Bell, Boone, Bowling, Butler, Churciiill,
Covington, Delaney, Dunlap, Gaines, Green, Harris, Harrison, Hayden,
Hauser, Henry, Jennings, Jett, G. W. Johnston, W. Johnson, Kennedy.
Lee, Lucas, McAfee, McDonald, McFall, Marshall, Matson, May, ftleri-
wether, B. S. Morris, D. Morris, Patterson, Pendleton, Pickett, Prince.
Pryor, Rudd, Seaton, Shepherd, Short, W. Smith, Southgate, Stevenson,
B. F. Thomas, Thruston, Ward, Wickliffe, J. Williams, D. White, Wool-
ley, and S. Young—52.
NAYS—Messrs. Abel, A. Anderson, S. H. Anderson, Bramiett, Chil¬
ton, Collins, Cook, Copeland, Crow, Culley, Davidson, Davis, English,
Ewing, Paris, Ford, Fulton, Gorin, Hill, Hughes, Lockhart, Maxey,
Megowan, Montgomery, Morgan, Ozl.orn, Pierce, Ritfe, Sanders, Scri\ -
ner. Shanks, Simpson, D. T. Smith, E. Smith, W. Thomas, Thompson,
S. Williams, J. White, Yates, and T. I. Young—10.
The section of said bill, proposed to be stricken out by the sub¬
stitute, was read as follows, viz:
Bs it enacted by the General Assembly of the Commoiucealth of
Kentucky^ T. hat the Cashier of the Bank of the Commonwealth
JOURNAl. OP THE
of Kejilucky l)e, and he is herel)y required to credit lJ\e treasury
with the amount that may be due from the treasury to said bank,
on the lOth day of October next.
A division of the question was called for, and the question tirst
put on striking out; which was decided in ttie affirmative.
The yeas and nays being required thereon, by Messrs. Chilton
and Green, w'ere as follows, viz:
YEAS—Mr. Speaker, Messrs. Abei, A. Anderson, Bell, Boone, Bow¬
ling, Butler, Churchill, Covington, Delaney, Dunlap, Fulton, Gaines,
Green, Harris, Harrison, Hau.ser, Henry, .Tennings, Jett, G. W. Jo hn¬
ston, W. Johnson, Kennedy, Lee, Lockhart, McAfee, McDonald, Mc-
Fall, Marshall, Matson, May, Meriwether, Montgomery, B. S. Morris,
D. Morris, Patterson, Pickett, Pryor, Rudd, Seaton, W. Smith, South-
gate, Stevenson, B. F. Thomas, Thruston, Ward, VViekiilTo, J. Y'iiliams,
and Woolley—19.
NAYS—IMessrs. S. H. Anderson, Bramlett, Chilton, Collins, Cook,
Copeland, Crow, Culley, Davidson, Davis, Engli.«h, Ewing, Faris, Ford,
Gorin, Hayden, Heady, Hill, Hughes, Maxey, Megowan, Morgan, Oz-
born, Nuttall, Pendleton, Pierce, Prince, RifFe, San''ers, S'tivner, Shanks,
Shepherd, Short, Simpson, D. T. Smith, E. Smith, W. Thomas, Thomp¬
son, S. Williams, D. White, J. White, Yates, S. Y’'oung, and T. I. Young
—44.
The (juestion was then put on adopting the substitute proposed
by the committee, w'hich was decided in the affirmative.
The yeas and nays being required thereon, by Messrs. Chilton
and McAfee w'crc as follows, viz;
YEAS—Mr. Speaker, Messrs. Bell, Boone, Bowling, Butler, Chur¬
chill, Dclanej', Dunlap, Fulton, Gaines, Green, Harris, Harrison, Hau¬
ser, Henry, Jennings, Jett, G. W. Johnston, W. Johnson, Kennedy, Lee,
McAfee, M.-Donald, McFall, Marshall, Matson, May, Meriwether, B.
S. Morris, D. Morris, Patterson, Pendleton, Pickett, Prince, Pryor, Rudd,
Seaton, Shepherd, Short, W, Smith, Southgate, Stevenson, B. F. Thom¬
as, Thruston, Ward, W'ickliffe, J. Williams, and Woolley—48.
NAY’S—Messrs. Abel, A. Anderson, S. H. Anderson, Bramlett, Chil¬
ton, Collins, Cook, Copeland, Crow, Culley, Davidson, Davis, English,
Ewing, Faris, Ford, Gorin, Hayden, Heady, Hill, Hughes, Loc'khart,
I.ucas, Maxey, Megowan, Montgomery, Morgan, Ozborn, Niittall, Pierce,
fliffe, Sanders, Scrivner, Shanks, Simpson, D. T. Smidi, E. Smith, W.
Thomas, Thompson, S. Williams, D. White, J. White, Yates, S. Young,
.Tan. 19.] HOUSE OF REPRESENTATIVES,
35!
SATURDAY, JAjXUARY 19, 1833.
1. A bill for the benefit of the.
2. A bill to incorporate the Ea-
I.eave was given to biing in the following bills:
^ On the motion of Mr Murraj-
Sheritr of Hickman count}-.
On the motion of Mr Harris— ,
gle Copper and Lead Company.
^ On the motion of Mr U. White—3. A bill to provide for col¬
lecting and preserving tlie public arms.
On the motion of Mr W. Johnson—1. A bill to authorise Dan¬
iel Henry to sell or exchange lots Nos. 242 and 243, in George¬
town, the property of Eliza Henry, an infant heir. ^
On the motion of Mr E. Smith—5. A bill to amend an act of
the last session of the legislature, appropriating land warrants to
Moore s road, in Laurel county, and for other purpose*.
On the motion of Mr Heady—G. A bi'l to appoint commission¬
ers to rewew and mark a road from Taylorsville, in Spencer coun-
tj, CO Jenersontown, in Jefferson county; and.
On the motion of Mr Chilton—7. A bill to'authorise the coun¬
ty court of Hardin to appoint an Inspector at West Point, in said
eounty. ’
Messrs. Murray, Ewing, Green, and jMcFall, were appointed a
committee to prepare and bring in the first; jMessrs. Harris Wool-
ley, Southgate and White, the second; JMessrs. W. Johnson, Ste¬
venson and Henry, the fourth; Messrs. Heady, Sanders and Thrus-
ton, the sixth; Messrs. Chilton, Hill, Culley'and Nuttall, the sev¬
enth; the committee on military afiairs, the third; and the com¬
mittee on internal improvements, the fifth.
1. Mr. Green presented the petition of the heirs and represen¬
tatives of John Epperson, deceased, (some of whom are infants )
praying that a law may pass to legalize the sale of a tract of land
made by them to a certain George Helm, lying in Lincoln Aiountv.
P'^^'^ented the petition of sundry citizens of Mor¬
gan and Estill counties, praying a further appropriation in land
warrants, for the purpose of completing the road from the state
1 ^ Rentucky river near the mouth of Hollv creek.
VYhich petitions were received, read and referred; the first, to
the committee for courts of justice; and the second to the commit¬
tee on internal improvements.
Mr. Prince, from the joint committee appointed to examine
the Government House, made the following report, viz:
The joint committee appoinmd to e.xamine the Government House in
the town bi Frankfort, have performed that duty, and beg leave' to
report—
That the house has been thoroughly repaired, and is now ready for
I
JOURNAL OF THE
[Jan. 19.
the reception of ihc Executive; and in examining said repairs, your com¬
mittee would state, that they saw nothing which had not been absolutely
necessary to render the house comfortable, and although the amount
claimed for said repairs, in the aggregate, amount to a considerable
sura to-wh- $2325 56 cents, in examining the bills separately, they see
nothin-^ in them extravagant, more than is usually paid for w'ork and
materhils of a similar kind by private individuals; they therefore recom¬
mend the adoption of the following resolution:
Resolved, That the said bills be filed with the committee on claims,
with instruction to report a bill for the payment thereof out of the public
treasury, in commonwealth’s paper.
CYRUS WINGATE, \ From the
WM. G. BOYD, \ Senate.
ENOCH PRINCE, )
ROBT. B. M--AFEE.[
E. F. NUTT ALL, ) gj ^
SAMUEL MAY, ) ■>
J. JENNINGS, [
JESSE ABELL, )
Which being read, the resolution therein referred to was con¬
curred in. , r 1
Mr. Green, from the select committee, to wliom was referred a
bill to amend the law establishing the turnpike and wilderness
gates: reported the same witli an amendment; which being twice
read was disagreed to.
The said bill was then laid on the table.
Mr 1) White, from the select committee, to wdiom was reterreu
a bill’to kempt from execution growing crops, and for other pur¬
poses: reported the same with an amendment, in lieu of the bill:
which being twice read, wms concurred in. .
it w'as then moved and seconded to lay the said bill on the ta¬
ble until the lirst dtiy of June next. ,
And the question being taken thereon, it was decided in the
The yeas and nays being required thereon, by Messrs. Nuttall
and E. Smith, were as follows:
YEAS_Messrs. S. H. Anderson, Bell, Butler, Collins, Davis, Dun¬
lap, Faris, Gaines, Jennings, Kennedy, Matson, Megowan, B S. Mor¬
ris, Pierce, Rifle, Scrivner, Shanks, Short, Simpson, D. T. Sinith, b.
Smith, Thompson, S. Williams, Woolley, Yates, and S. Young-2(..
NAYS—Messrs. Abell, Allen, Boone, Bowling, Bramlett, Brown, Chil¬
ton, Churchill, Cook, Copeland, Crow, Covington, Culley, Davidsoa,
Delaney, English, Ewing, Ford, Fulton, Gorin, Green, Hams. Harri¬
son, Hayden, Hauser, Heady, Henry, Hill, Hughes, Jett, G. W. John
f
I
I
353
Jajv. 19.] HOUSE OF REPRESENTATIVES,
ston, W. Johnson, J.ce, Lockliart, Lucas, McAfee, MnDonalcl, McFall,
Maxey, May, Meriwether, Muntgoinery, Morgan, L). Morris, Muri-ay,
Nuttall, OzLprn, Patterson, Pendleton, Pickett, Pryor, Rudd, Sanders,
Seaton, Sheitherd, W. Smith, Southgate, Stevenson, B. F. Thomas, Thrus-
ton, Ward, J. Williams, B. White, J. White, and T. 1. Young—65.
Mr. Gorin then moved to amend said bill by adding thereto the
following as an additional section:
Be it further enacted, That the provisions of this act shall in no
case apply, unless the defendant does swear before a justice of the
peace, that he is unable to pay the execution without disposing of
the articles exempted l)y law. °
And the question being taken on the adoption thereof, it was
decided in the affirmative.
The yeas and nays being required thereon, by Messrs. Gorin
and Nuttall, were as follows, viz:
YEAS—Messrs. Allen, S. II. Anderson, Boone, Brown, Chilton, Chur¬
chill, Copeland, Culley, Davidson, Davi.s, Delaney, Dunlap, Ewing, Fa¬
res, Ford, Fulton, Gaines, Gorin, Green, Harri.=, Heady, Hill, Hughes,
Jennings, Kennedy, Lee, Lucas, Matson, Maxey, Megowan, Meriweth¬
er, Morgan, B. S. Morris, D. Morris, Pendleton, Pickett, Pierce, Rifle,
Sanders, Scrivner, Seaton, Shanks, Shepherd, Short, Simpson, D. T.
Smith, E. Smith, Southgate, B. F. Thomas, Thompson, Thruston, Wardj
Wickliffe, J. William.s, S. Williams, J. White, Woolley, Yate« and S
Young—59.
NAYS—Messrs. Abell, Bowling, Butler, Collins, Crow, English, Har¬
rison, Hayden, Hauser, G. W. Johnston, W. Johnson, Lockhart, McAfee,
McDonald, McFall, May, Montgomery, M:irray, Nuttall, Ozboni, Pat¬
terson, Pryor, W. Smith, Stevenson, Wb Thomas. D. White, and T I
Young—27.
moved to amend said bill, by adding thereto
the lollowing additional section: °
Rc tV /m-/Acr enacted, That in no case shall more than one hun¬
dred dollars worth of property be exempted from execution under
the provisions of this act.
And the question being taken thereon, it was decided in the
negative.
nays being required thereon, by Messrs. Pierce
ana iNiittall, were as follows, viz:
\K\S—Messrs. S. 11. Anderson, Boone, Davis, Dunlap, Ewing, Fa-
ns, Ford, Gaines, Green, Jennings, Lee, Marshall, M.ixey, Megowan.
B. b Morns, Murray, Pierce, Rifle, S- rivner, Shniiiis, Simp.son, D. T.
SirThompson, Wioklifle, B. Williams, J.
White, Woolley, Yates, and S. Young—31.
U2
354
JOURNAL OF THE
[Jan. 19.
N4YS—Messrs. AI.ell, Allen, BeM, Chilton, Churchill, Collins, Cook,
Cu^ie.an.l, Crow, Cullcy, Dnvki.son, Delaney, English, iulton, Harris,
H irrison, Hayden, Hauser, Heady, Henry, Hill, Hughes, Jett, G. W.
J('hnston, W. Johnson, Kennedy, McAfee, M' Donalo, M'. I'all, Mjtson,
Mac, Morgan, D. M-. ris, Nuttall, OzUorn, Patterson, Pendleton, Pickett,
Prince, Pryor, Rudd, Sanders, Shepherd, Short, W. Smith, Southgate,
Stevenson, W. Thomas, Thrustcn, Ward, J. Williams, D. White, and T.
I. Young—53.
The previous question having been called for and sustained; the
question was then taken on engrossing the said bill and leading it
a tiiird time, which was decided in the affirmative.
The following hills were reported from the several committees
appointed to prepare and bring in the same, viz: i
By' ivlr jMurray—1. A bill for the benefit of the Sheiiif oi Hick¬
By iMr Woolley—‘2, A bill for the further relief of the admin¬
istrator of Marcus D. Richardson, deceased.
By Mr Harris—3. A bill for the benetit of the heirs of Samuel
Flournoy. c, c i i
By Mr S. II. Anderson—4. A bill for the beneht of the clerk
of the Garrard county court.
By Mr .Johnson—5.' A bill to amend an act entitled, an act
to authorise the establishing of private passways, approved Dec.
13, lS3t). , ^ ^
By Mr D. Morris—6. A bill to regulate the fines and lorleib
ures in Mason county.
By Mr Jennings— 7. A bill to change the time of holding the
Butler circuit court, and for other purposes.
By Mr Chilton—8. A bill to authorise the county court of Har¬
din to appoint Inspectors at W est Point and Elizabethtown, iti
said county. ^
By Mr 1). 'White-9. A bill to incorporate Trustees lor the
Crittenden Seminary, in Franklin county, and for other purposes.
By Mr Davis—10. A bill to amend the law' concerning alimony.
By Mr Davidson—II. A bill for the benefit of Jacob Miller,
of Simpson county. .
Bv Mr Prince—12. A bill further to improve the tow'n ol
Princeton. . . „
Bv Mr Shepherd—13. A bill to revive and continue in lorce
an act to establish the town of Vanceburg, in Lewis county, ap¬
proved Jan. -21, 18-27, and for other [lurposes; and.
By Mr Collins—14. A bill to provide for opening a road Irom.
Clay court-house to Harlan court-house, and for other purposes..
Which bills were severally received and read the first ti.mejand
ordered to be read a second time.
HOUSE OF REPRESENTATIVES,
yXiid thereupon the rule of the house, constitutional provision,
and second residing of said hills having been dispensed with, the
first, second, third, founh, sixth, eiguth, eleventh, twelfth, thir¬
teenth and fourteenth, w'ere severally oidered to be engrossed
and read a third time; the liftli, seventh and tenth, were commit¬
ted to the committee for courts of justice; and the ninth, to the
committee on education.
And the rule of the house, constitutional provision, and third
reading of the first, second, third, fourth, sixth, eighth, eleventh,
tw'elfth and thirteenth bills having been dispensed w'ith, and the
same being engrossed;
Resolved^ That the said bills do pass, and that the titles thereof
he as aforesaid.
Ordered^ That the Clerk carry the said bills to the Senate and
request their concurrence.
Mr. Prince, from the joint committee of enrolments reported
that the committee had examined enrolled bills of the following
titles, and had found the same truly enrolled, viz:
An act to change the time of the meeting of the legislature of
Kentucky.
An act for the benefit of Jane Tibbs and Greenberry Tibbs.
An act to change the state road leading through the lands of
Matthew' Slaughter, of the county of Casey.
An act for the relief of Abraham Miller, of Hardin count)'.
An act for the benefit of Thomas Newskirk and wife.
An act regulating and defining the powers of the trustees of the
towui of Brandenburg, in the county of Me.ide; and.
An act defining the limits of the towui of iMount Washington,
in Bullitt county, and for other purposes.
Whereupon, the Speaker affixed his signature thereto.
Ordered^ That Mr. Prince inform the Senate thereof.
A message wms received from the Senate announcing their dis¬
agreement to bills which originated in this house, of the follow¬
ing titles;
An act to provide for the erection of a bridge across Main Ea¬
gle, on the state road leading from Lexington and i rankfort to
Ghent.
An act for the benefit of John Shields.
An act for the benefit of Elizabeth McClure.
The. passage of bills wdiich originated in this house, of the fol¬
lowing titles:
An act declaring John’s creek, in Floyd and Pike counties, a
navigable stream.
An act for the benefit of the Sherilf of Hickman county; and.
An act to improve the road leading from Monticello to the state
line, in a direction to Monroe, Tennessee: with an amendment to
the latter bill.
JOURNAL OF THE
[Jan. 19.
35(j
And the passage of l)ill3 of the tollowing titles:
An act for the beneht ot Spencer Curd s repi’csentativesj and^
An act to authorise the trustees of the town of ilichmand to
lev)’ a tax to McAdainize the streets.
A message from tlie Governor, by Mr. Sanders, Secretary of
State. .
JlJr. Spenkcr :—The Governor did, on the ICth instant, approve
and sign enrolled bills, which originated in this house, ol the fol¬
lowing titles.
An act to explain the law concerning the Stanford Academy.
An act to authorise the insertion of advertisements in the Ob¬
server and Reporter, and for other purposes.
An act for tlie benefit of the Barboursville Seminary, in Knox
county. Ti 1 1
An act for the benefit of St. Joseph’s College, at Bardstown.
An act for the regulation of the town of New-Market, in Wash¬
ington county. , . Ti n f
An act to establish an election precinct at the Great I'alls ol
Rough, in the county of Breckenridge.
An act for the benefit of William Sears.
An act to amend the law of evidence in prosecutions for forgery.
An act for the benefit of the wife and children of William
Green, a lunatic.
And also, on the same day, he did approve and sign an en¬
rolled resolution, entitled, a resolution for appointing joint com¬
mittees to examine the Public Offices, tlie Bank of the Common-
w’calth of Kentucky, and the Bank of Kentucky.
And I am directed by the Governor to lay before this house a
message in writing.
And then he withdrew.
Ordered, That the Clerk inform the Senate thereof.
Mr. B. F. Thomas, from the joint committee appointed to ex¬
amine the Auditors Office, made the following report:
The joint committee, appointed by the Senate and House of Repre¬
sentatives, to examine the Auditor’s Office, have but partially performed
that duty.
The committee was informed by the Auditor, that no full and satisfac¬
tory examination of the office had taken place since the one made by
the commissioners appointed by an act ot the General Assembly, ap¬
proved the 29th January, 1830. The joint committee of last year, ap¬
pointed to examine said office, seems to have abandoned the examination,
because of the immense time and labour it would take, no examination
was therefore made last year; this consequently threw a double portion
of labour upon this committee, which they are unwilling to undertake,
Jan. 19.J HOUSE OF REPRESENTATIVES. 35T
as it would deprive their constituents of their due proportion of legisla¬
tion.
The committee found the books, so far as they examined them, kept
in fine style, and the entries correctly corresponded with the report
made by the Auditor to bo'h houses, at an early day in the session.
The committee are of opinion that it is highly important, that provision
should be made by law, for the appointment of at least three qualified
resident citizens of Frankfort, whose duty it shall be, annually, to exam¬
ine the Auditor’s and Treasurer’s Offices, and report the same to the
General Assembly.
The committee, therefore,beg leave to accompany this report by a bill.
All of which is respectfully submitted.
MARTIN BEATTY,
Chairman of the Committee of the Senate.
B. F. TflOMASj
Chairman of the Committee of the H. R.
The bill reported by said committee was then read the first
time.
And the question being taken on reading the said hill a second
time, it was decided in the negative: and so the said bill was re¬
jected.
Mr. Prince, from the joint committee of enrolments, reported
that the committee had examined enrolled bills of the following
titles, and had found the same truly enrolled:
An act for the benefit of the Sheriff of Hickman county; and.
An act declaring John’s creek, iiij Floyd and Pike counties, a
navigable stream.
Whereupon the Speaker affixed his signature thereto.
Ordered, That Mr. Prince inform the Senate thereof.
Mr. Harris, from the select committee appointed for that pur¬
pose, reported a bill to amend the law allowing compensation for
wolf scalps: which was received and read the first time.
It was then moved and seconded to lay the said bill on the ta¬
ble until the first day of June next.
And the question being taken thereon, it was decided in the
affirmative.
Mr. Southgate, from the select committee, to whom was refer-,
red a bill to establish a state bank: reported the same with sundry
amendments.
Ordered, That the said bill, and amendments, he laid on the
table.
Mr. Chilton, from the select committee, apppointed for that
purpose, reported a bill to divorce Daniel and Elizabeth Royalty.
And then the house adjourned.
JOURNAL OF TIIR
MONDAY, JANUARY 1833.
A message was received from tlie Senate announcing the pas¬
sage of a bill which originated in this house, entitled, an act to
provide for the opening a road from Frankfort to Williamstown,
in Grant county.
And the passage of bills of the following titles;
An act to incorporate the Louisville and Bonharbour Coal Com¬
pany; and.
An act for the relief of the heirs of Francis P. Hord, deceased.
Wr. Ewing, from the committee for courts of justice, reported
a hill for the benefit of David Short; which was received and read
the first time, and ordered to be read a second time.
And thereupon the rule of the house, constitutional provision,
and second and third readings of said bill having been dispensed
with, and the same being engrossed:
Rcsohed, That the said bill do pass, and that the title thereof
be as aforesaid.
Ordered, That the clerk carry the said bill to the Senate and
request their concurrence.
A bill for the divorce of Daniel and Elizabeth Royalty: -was
read the first time, and ordered to be read a second time.
And thereupon the rule of the house, constitutional provision,
and second and third readings of said bill having been dispensed
with, and the same being engrossed;
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
Ordered, That the Clerk carry the said bill to the Senate, and
request their concurrence.
A bill to provide for the ordinary expenses of government: rvas
ordered to be engrossed and read a third time to-morrow’.
A message w'as received from the Senate announcing the pas¬
sage of a bill which originated in this house, entitled, an act lor
the benefit of David Short.
An engrossed bill entitled, an act to incorporate the Falmouth
Bridge Company: was read a third time.
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
The yeas and nays being required on the passage of said bill,
by Messrs. Fulton and Huaser, were cis follows:
YEAS—Messrs. Bell, Boone, Bowling, Brown, Chilton, Churchill,
Collins, Cook, Covington, Culley, Davis, Delaney, Di’niap, English,
Ewing. Faris, Gorin, Green, Harris, Hayden, Hauser, Heady, Innis,
.Tctt, W. Johnson, Kennedy, Lee, Lucas, M Afee, M. D maid, Marshall,
Matson, Meriwether, B. S. Morris, Murray, Patterson, Pendleton, Prince,
HOUSE OF REPRESENTATIVES,
Pryor, Rudd, Sanders, Scrivncr, Seaton, Shanks, D. T. Smith, E. Smith,
W. Smith, Southgate, B. F. Th .mas, Thompson, Thriiston, Ward, Wick-
liffe, J. Williams, D. White, J. White, and Wooliey—57-
NAYS—Messrs. Ai-.ell, Allen, Copeland, Crow, Davidson, Fulton,
Harrison, Hill, Hughes, Maxey, Megowan, Montgomery, D. Morris,
Ntitrall, Ozhorn, Pickett, Pierce, Riffe, Shepherd, Simpson, W. Thomas,
S. Williams, Yates, and T. I. Young— 24.
Ordered, That the Clerk carry the said bill to the Senate and
request their concurrence.
An engrossed bill entitled, an act to provide for revising, di¬
gesting and abridging the statute laws of this Commonwealth;
was read a third time.
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
The yeas and nays being required on the passage of said bill,
by iMessrs. McAfee and Chilton, were as follows:
YEAS—Mr. Speaker, Messrs. A. Anderson, S. II. Anderson, Bell.
Boone, Brown, Butler, Chilton, Cook, Copeland, Crow, Covington, Cul-
ley, Delaney, Dunlap, English, Ewing, Faris, Gorin, Green, Harri.y.
Hauser, Hill, Innis, Jett, Kennedy, Lee, Lucas, McFall, Marshall, Mat-
son, Meriwether, B. S. Morris, Murray, Patterson, Pendleton, Pickett,
Pierce, Pryor, Rudd, Scrivner, Seaton, Shanks, Short, Simpson, D. T.
Smith, W. Smith, B. F. Thomas, Thompson, Thrust ui. Ward, WicklifTc,
J. Williams, S. Williams, J. \Yhite, Woolley, Yates, and S. Young—58,
NAYS—Me.ssrs. Abell, Alien, Bowling, Bramlet*, Churchill, Collins,
Davidson, D.ivis, Fon', Fulton, Harrison, Hayden, Heady, Hughes, W.
Johnson, Lockhart, M- Alee, M-Donald, Maxey, May, Megowan, Mont¬
gomery, D. Morris, Nuttall, Oz’oorn, Prince, Ride, Sanders, Shepherd.
E. Smith, W. Thomas, D. White, and T. 1. Young—33.
Ordered, Tliat the (.^lerk carry the said bill to tlie Senate and
request their concurrence.
The amendments proposed by the Senate-to bills which origin¬
ated in this house, of the following titles, were twice read and
concurred in, viz:
An act to improve the road from Monticello to the state line,,
in a direction to Monroe, Tennessee.
An act to incorporate the Franklin Insurance Company.
Ordered, That the Clerk inform the Senate thereof.
An engrossed bill entitled, an act to exempt from execution
growing crops; was read a third time; and an engrossed clause,
added thereto, by way of ryder.
Resolved, That the said bill do pass, and that the title thereof
be amended to read, “an act to exempt additional property from
execution.”
3Ga JOURNAL OF THE [Jan. 21.
The yeas and nays l)ein^required thereon, by Messrs. Chillon
•and Green, were as follows, viz:
YEAS—Messrs. Abell, Allen, Bowling, Chilton, Churchill, Collins,
Copeiaiiih Crow, Cul.ey, Davidson, Delaney, English, Ewing, Faris,
Friltun, Harris, Hayden, Hauser, Heady, Hiil, Hughes, G. W. Johnsion,
tv. J(jhnson, Lockhart, Lucas, McAfee, M.Di'uald, McFall, Matson,
Ma.vey, JMay, Meriwether, Monlgoinery, Murray, Nuttall, Ozborn, Pat¬
terson, Pendleton, Prince, Pryor, Rudd, Sanders, Shepherd, VV. Smith,
S.iiithgate, B. i‘^. Thomas, W. Thomas, Ward, J. Williams, D. While, J.
VViiite, and T. I. Young—52.
NAYS—Mr. Speaker, Messrs. S. H. Anderson, Bell, Boone, Brown,
Butler, Cook, Covington, Davis, Dunlap, Ford, Gorin, Green, Harri.son,
Innis, Kennedy, I.ee, Marshall, Megowan, B. S. Moiris, Pickett, Pierce,
Rifle, Scrivner, Seaton, Shank.=, Short, Simpson, D. T. Smith, E. Smi'h,
Tiiompson, Wickliffe, S. Williams, Woolley, Yates, and S. Young—36.
Ordered^ That the Clcik carry the said bill to the Senate and
request their concurrence.
The following engrossed bills were severally read a third time,
and an engrossed chuise added to the fifth, by way of ryder, viz;
1. An act to amend the law concerning divorces.
2. An act to incorporate a Rail Road Company from Bardstown
to Louisville.
3. An act to appoint additional justices of the peace and con¬
stables in certain counties.
4. An act for the benefit of TIenry Weddington and others; and,
5. An act to provide for the improvement of roads in certain
counties.
Resolved, That the said bills do pass, and that the titles thereof
be as aforesaid.
Ordered, That the Clerk carry the said bills to the Senate and
request their concurrence.
A bill to pay off the deficit in the treasury by allowing the treas¬
ury a credit in the Commonwealtli’s Bank for the amount borrow¬
ed of said bank: was read a second time, and amended.
The question was then taken on engrossing the said bill and
reading it a third time, whicli was decided in the affirmative.
The yeas and nays being required thereon, by Messrs. McAfee
and S. \\^illiams, wei’e as follows, viz:
YEAS—Mr. Speaker, Messrs. S. H. Anderson, Boll, Brown, Butler,
Chilton, Collins, Co ik, Copeland, Covingbsn, Culley, Dunlap, Ewing,
Faris, Gorin, Green, Hayden, Heady, Hill, Hughes, Innis, G. W. John-
.ston, Lee, Lucas, MiVey, Megowan, Meriwether, Morgan, Murray,
Pendleton, Pickett, Pierce, Prince, Pryor, lliffe, Sanders, Shanks, Short,
Jan. 21.] HOUSE OF REPRESENTATIVES.
36i
Simpson, D. T. Smith, E. Smith, W. Smith, W. Thomas, WicklifFe, S.
Williams, D White, J. White, Yates, S. Young, and T. I. Young—50.
NAYS—Messrs. Abell, Allen,. A. Anderson, Bowling, Bramlett, Cliur-
chill, Davidson, Delaney, English, Ford, Fulton, Harris, Harrison, Hau¬
ser, Jett, W. Johnson, Kennedy, Locldiart, McAfee, McDonald, McFall,
Matson, May, Montgomery, B. S. Morris, D. Morris, Nuttall, Ozborn,
Rudd, Seaton, Soutligate, B. F. Thomas, Ward, and J. Williams—34.
The following bills were severally read a second time:
1. A bill for the benefit of William May. ■
2. A bill to amend the law imposing a tax on merchandise.
3. A bill to change the places of voting in Everett’s and For¬
man’s bottom precincts, in Lewis county.
4. A bill to establish election precincts in the counties of Breck-
enridge and Hancock.
5. A bill to dissolve the General Court.
6. A bill authorising the sale of the slaves of infants.
7. A bill to amend the act entitled, an act to improve the navi¬
gation of Salt river, approved Dec. 22, 1831.
8. A bill to amend the act entitled, an act for the benefit of
revolutionary soldiers.
9. A bill to provide for the appropriation of fines and forfeit¬
ures in the county of Jefferson.
10. A bill to amend the law giving compensation to witnesses,
and to increase their mileage.
11. A bill for the benefit of Edward H. Earle.
12. A bill to appoint commissioners to examine the miU-dam of
Daniel Cutlip, with a View to the navigation of Green river; and,
13. A bill for the benefit of Stephen Langford.
The first, third, fourth, sixth, seventh, eightli, tenth and thir¬
teenth, were severally ordered to be engrossed and read a third
time; the second, fifth and eleventh, were committed to the com¬
mittee for courts of justice; the ninth, to the committee of ways
and means.
And the question being taken on engrossing the twelfth bill and
reading it a third time, it was decided in the negative: and so the
said bill was rejected.
And thereupon the rule of the house, constitutional provision,
and third reading of the first, third, fourth, sixth, seventh, eighth,
tenth and thirteenth bills having been dispensed with, and the
same being engrossed:
Resolved, That the said bills do pass, and that the titles thereof
be as aforesaid.
Ordered, That the Clerk carry the said bills to the Senate and
request their concurrence.
A bill to remove obstructions to the navigation of Trade Wa-
V2
21.] HOUSE OF REPRESENTATIVES. 363
Brown, Churchill, Collins, Copeland, Crow, Davidson, Davis, English,
Paris, Ford, Fulton, Green, Harris, Hauser, Heady, Innis, Lockhart,
McAfee, McDonald, Maxey, Megowan, Montgomery, D. Morns, Nut-
tall, Ozborn, Patterson, Pierce, Prince, Pryor, Rilfe, Kudo, Scnvner,
Shanks, Shepherd, Short, Simpson, D. T. Smith, W. Thomas, Thomp¬
son, VVicklifte, J. Williams, J. White, S. Young, and T. I. Young—49.
A message was received from the Senate announcing the pas.-
sage of bills of the following titles:
An act to authorise an additional subscription, on behalf of the
Commonwealth, in the capital or joint stock of the xMajsville,
Washington, Paris, and Lexington Turnpike Road Company, and
to amend the several acts incorporating gaid company.
^n act to authorise an additional subsciiption, on behall ol the
Commonwealth, in the stock of tire Hoard of Internal Improve-
ment for Shelby county, and for other purposes; and.
An act to appropriate a sum of money for the purpose o im¬
proving the navigation of the Cumberland river, at Smith s shoals,
and the Big South Fork of said river up to the coal banks.
The following bills, from the Senate, were severally read the
first time and ordered to be read a second time, viz:
1. An act for the benefit of William Davis, of Whitley county.
2. An act to amend the act providing for opening and keeping
in repair the highways in the county of Fayette.
3. And act for the benefit of William Butler, clerk of the Mon¬
roe county and circuit courts.
4. An act appointing Trustees to the Glasgow Academy.
5 An act to amend the law concerning champerty.
6. An act to provide for copying and preserving certain records
belonging to the office of the surveyor ol Harlan county.
7. An act to appropriate a part of the vacant lands lying be¬
tween Walker’s line and the latitude 36^^ 30' North, in the State
of Tennessee, for the purpose of improving and finishing the road
leading from Monticello, Wayne county, to the state line, in a di¬
rection to Jacksborough and to Barboursville.
8. An act to amend the law regulating proceedings in cases ol
eiectments and forcible entries and detainers.
9. An act appropriating certain lands for improving the Gannon
Creek road, in Harlan county. . r
10. An act to continue in force an act to incorporate the city ot
I.ouisville. _ , , , • , i-
11. An act to allow the Sheriff of Madison to return his dehn-
nuent list in certain cases. r ,
12. An act to enlarge and explain the power ol the Irustees
of the town of Frankfort.
13. An act to divide the state into congressional districts.
JOURNAL OF THE
3fi4
[Jan. 2L
14. An act for the benefit of the heirs of Richard Stuuiklin.
1.5. An act to permit the sale of two small tracts of land be¬
longing to Nancy Uulin, an idiot.
10. An act to amend the several acts agjiinst unlawful gaming.
17. An act to authorise the Clarke circuit court to decree the
sale of two and an half acres of land, devised to Wm. S. Downy
and others.
18. An act to prevent the circulation of certain bank notes.
19. An act for the benefit of the legatees of Prichard Allen,
deceased.
20. An act for the relief of the heirs of Anna Maria Walsli.
21. An act for the benefit of William P. Smith, John J. Smith,
Francis J. Hopkins and others.
22. An act concerning the public library, and for the election
of a librarian.
And thereupon the rule of the house, constitutional provision,
and second rending of said bills, (the ninth, thirteenth and eigh¬
teenth excepted,) having been dispensed with, the first, second,
third, fourth, sixth, seventh, eleventh, twelfth, fourteenth, fifteenth,
seventeenth, nineteenth, twenty-first and twenty-second were sev¬
erally ordered to be read a third time; and the fifth, eighth, tenth,
sixteenth and twentieth were committed to the committee for
courts of justice, the fifth with certain instructions.
And thereupon the rule of the house, constitutional provision,
and third reading of the first, second, third, fourth, sixth, seventh,
eleventh, twelfth, fourteenth, fifteenth, seventeenth, nineteenth,
twenty-first and twenty-second bills having been dispensed with:
Resolved, That the said bills do pass, and tlmt the titles thereof
be as aforesaid.
The yeas and nays being required on the passage of the twen¬
ty-second bill, by Messrs. Harrison and Woolley, were as lollows,
viz:
YEAS—Mr. Speaker, Messrs. S. II. Anderson, Bell, Boone, Bram-
lett, Brown, Butler, Chilton, Cook, Covington, Culley, Delaney, Dunlap,
Ewing, Paris, Ford, Gaines, Gorin, Green, Harris, Hauser, Henry, In-
nis, Jett, G. W. Johnston, W. Johnson, Kennedy, Lee, Lucas, McAfee,
M'’Fall, Matson, Meriwether, B. S. Morris, D. Morris, Murray, Nut-
tall, Pendleton, Pickett, Pierce, Pryor, Riffe, Rudd, Seaton, Shanks,
Simpson, D. T. Smith, W. Smith, Southgate, B. F. Thomas, Thompson,
Wickliffe, D. White, J. White, and Woolley—55.
NAYS—Messrs. Allen, A. Anderson, Bowling, Collins, Copeland,
Crow, D.ividson, Davis, English, Harrison, Hayden, Heady, Hill,
Hughes, Lockhart, McDonald, Maxey, May, Megowan, Montgomery,
Morgan, Ozborn, Patterson, Prince, Sanders, Scrivner, Shepherd, Short,
Jan. 2-2. \ HOUSE OF REl>llESEi\TATlVES.
3Crj
E. Smith, W. Thomas, J. Williams, S. Williams, S. Young, and T. I...
Young—34.
Ordered^ That the Clerk inform the Senate thereof.
And then the house adjourned.
TUESDAY, JAjXUARY 22, 1833.
The Speaker laid before the house a letter from Joseph R.
Ward, Esq., a member of this house, from the counties of l.aw-
rence and Moi’gan, announcing a resignation of his seat therein;
which was received, read, and laid on the table.
A message was received from the Sentite announcing their dis¬
agreement to bills which originated in this house, of the follow¬
ing titles:
An act to regulate the fines and forfeitures in Mason county.
An act to explain and increase the jurisdiction of justices of the
peace in relation to sums under five pounds.
An act for the benefit of Ezekiel Taylor and Ailsey Taylor, his
wife.
An act to amend the 11th section of the act to reduce into one
the execution laws of this state.
An act for the benefit of John Barnes, a lunatic.
An act to explain and amend the act of il’.'d December, 1831,
on the subject of granting license to tavern keepers.
An act for the benefit of Susannah Brown,
An act to dissolve the marriage contract between William and
Pamela M. Parker.
And the passage of bills which originated in this house, of the
following titles;
An act to amend the road laws, so far as respects the county of
Mason.
An act to authorise the establishment of a library in Rockcas*-
tie, and for other purposes.
An act to amend an act organizing a Fire Company in the town
of Augusta.
An act to revise and continue in force an act entitled, an act
to establish the town of Vanceburg, approved Jan. 21, 1827, and
for other puiposes.
An act further to improve the town of Princeton.
An act for the benefit of the late Sheriff of Grant county and
his securities.
An act for the benefit of the heirs of Samuel Flournoy, de¬
ceased.
An act for the benefit of the clerk of the Garrard county court.
•360
JOURNAL OF THE
[Jan.
An act to establish election prccints in the counties of Breck-
‘"“In^actTo aStn act to establish an election precinct in Pen¬
dleton county, approved Jan. '29, 1839, and for other purposes.
An act to ineSporate a company to estal)hsh a turnpike road
from Jm Ch^ot Louisville by the mouth of Salt river, Elizabeth¬
town, MunJdsville and Bowhnggreen to the ^
tion to Nashville: with an amendment to the l-R^r bill.
And the passage of hills of the following titles.
An act to incorporate the Greenwich Academy.
act providing for settling the accounts with the keeper of
And'ESknate insl.t on their firrt and recode from their
third amendment proirored to a bili which passed ^
tied an act to provide for laying the levy in certain counties, and
for other purposes. They have appointed a committee of confer-
ence, on their part, and solicit the appointment ol a committee, on
the part of this house.
Whereupon, Messrs. Green, A. Anderson and Henry, were ap¬
pointed a committee on the part of this house.
^ Ordered, That Mr. Green inform the Senate thereof
Mr. Prince, from the joint committee of enrolinents reported
that the committee had examined enrolled bills of the following
titles, and had found the same truly enrolled, viz; rj
An act to authorise the establisliment of a road from l^r™ds
burg to the Lexington road from Bardstown, and tor other pui
pose
An act for the benefit of Morgan Forbes’ heirs and Clark Mc¬
Afee’s heirs.
An act lor the benefit of Hamel M. Kittenger.
An act authorising the several county courts of liis Common¬
wealth to permit gates to be erected on certain public roads.
An act to authorise Clerks, Sheriffs, Justices, and Constables
the collection of their fees from those about to leave this Common-
'^An'^act prescribing a mode for vacating judgments recovered
aeainst or in favor of deceased persons.
^An act to establish a road from Louisville to the state line, in
a direction to Knoxville. . „ , , iIip town
\n act to legalize the proceedings of the trustees of the town
of TaylorsvilleHn the county of Spencer, and for other purposes.
Whereupon, the Speaker affixed his signature thereto.
Ordered, That Mr. Prince inform the Senate thereol.
A hill from the Senate, entitled, an act to protect the actual
settlers in the land district West of the Tennessee river: was read
the first time, and ordered to be read a second time.
And thereupon the rule of the house and constitutional provie-
I
Jan. 22.] HOUSE OF REPRESENTATIVES. 357
ion having been dispensed with, the said bill was read a second
time as follows, viz; , ^ ^
Be it enacted by the General Assembly of the Cummomoealth of
Kentucky, That it shall not be lawful for any person, within nine
months after the passage of this act, to enter any quarter section
or fractional quarter section of land which has been improved by
any actual settler in the land district West of the Tennessee
river, at the passage of this act; and any entry made contrary to
the provisions of this act, is liereliy declared null and void; Pro¬
vided, however. That said settler may, at any time, enter the same:
Provided, further. That no settler shall be protected in more than
hoo quarter sections of land under the provisions of this act.
Mr. Chilton then moved to amend said bill by striking out from
the proviso the words printed in italics. , • i - n
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon, by Messrs. Chilton
and Murray, were as follows, viz;
yeas _Messrs. S. H. Anderson, Bramlett, Brown, Chilton, Chur¬
chill, Copeland, Covington, Gulley, Green, Hauser, Heady, Hill, Lock¬
hart, McAfee, Matson, Megowan, Morgan, B S. Morris, Gzborn, Pen¬
dleton, Sanders, Shanks, Shepherd, Simpson, J. Williams, and Woolley
—26.
j^Y.YS _Mr. Speaker, Messrs. Abell, Allen, A. Anderson, Bell,
Boone, Bowling, B itler, Collins, Cook, Crow, Davidson, Davis, Dela¬
ney, English, Ewing, Paris, Ford, Gaines, Gorin, Harris, Harrison, Hay¬
den,' Henry, Hughes, Jennings, Jett, G. W. Johnston, W. Johnson, Ken¬
nedy, Lee, Lucas, M. Donald, MoFall, Ma.xey, May, D. Morris, Murray,
Patterson, Pierce, Prince, Pryor, Riffe, Rudd, S-.rivner, Seaton, Shoit,
D. T. Smith, E. Smith, W. Smith, Southgate, Stevenson, B. F. Thomas,
W. Thomas, Thompson, Thruston, Wickliffe, S. Vtilliams, D. White, J..
White, Yates, S. Young, and T. I. Young—63.
The said bill was then ordered to be read a third time.
And thereupon the rule of the house, constitutional provision,
and third reading of said bill having been dispensed with:
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
Ordered, That the Clerk inform the Senate thereof.
The following bills from the Senate, were severally read the
first time, and ordered to be read a second time:
1. An act further to regulate the town of Springfield, in Wash¬
ington county.
2. An act to authorise the clerks of the county courts ol Hop-
JOURNAL OF TIIJ
kins, Hancock, Union, and the circuit court of Harrison, to trans-
cribc certain records in their respective offices.
3. An act for the benefit of the estate of Henry Ditto, Jr.
4. An act to enlarge the town of Madisonville.
.5. An act concerning the town of Henderson, and foi othei
purposes. ■ tt •
0. An act to amend the laws concerning Transylvania Lni-
7. An act for the benefit of the representatives of James Ilona-
leer decensed.
8. An act to authorise persons prosecuted for felony, in the
county of Jessamine, to be confined in the jail of Fayette.
9. An act to provide for the location of the l.exington and
Ohio Rail Road through the City of Louisville, and for other
purposes. ^ r a
10. An act to legalize the proceedings of the Court of Assess¬
ment of fines of the 20th Regiment of Kentucky Militia.
11. An act to repeal the law nowin existence in relation to
Head-right settlers; and to dispose of the balance of the debt
due from this class of debtors to the purposes of internal improve-
ment.
12. An act for tlie benefit of the Cumberland Hospital.
13. An act to authoiise the Bourbon county court to levy a tax
on the lands of the county.
14. An act for the benefit of the heirs of John Nall, Jr.
15. An act for the benefit of James Blincoe’s heirs.
16. An act for the benefit of Benjamin Tobin.
17. An act to amend the laws regulating the manumission of
slaves. . 1 1 w
18. An act limiting the time for which persons may be held to
bail for their good bebaviour.
19. An act to establish election precincts in VVoodlord, Craves,
Whitley, and Henderson counties. _
20. An act authorising the Trustees of the Kentucky Baptist
Education Society to emancipate a slave. ,
21. An act to provide the mode of paying the state’s subscrip-
Jan. 22.] HOUSE OF REPRESENTATIVES. 309
29. All act to permit the trustees of Columhus to allow mills
and ware-houses to he built in the commons of said town.
30. An act for the relief of William Cecil and Benedict More-
head. . .
And thereupon the rule of the house, constitutional provision,
and second reading of said bills having been dispensed with, the
first, second, third, fourth, fith, sixth, seventh, eighth, tenth, thir¬
teenth, fourteenth, fifteenth, sixteenth, nineteenth, twentieth, twen-
tt'-third, twenty-fourth, twenty-fifth, twenty-sixth, twenty-seventh,
twenty-ninth and thirtieth, were severally ordered to be read a
thu-d time; the ninth was committed to a select committee of
Messrs, Thrusion, Woolley, Rudd, Dunlap, Innis, Simpson, Green,
S. Young, Meriwether, E. Smith, MYckliffe, Nuttall and Matson;
the eleventh, seventeenth,'eighteenth and twenty-eighth, to the
committee for courts of justice; the twelfth and twenty-first, to
the committee of ways and means; the twenty-second, to the com¬
mittee on internal improvements.
And thereupon the rule of the house, constitutional provision,
and third reading of the first, second, third, fourth, fifth, sixth, sev¬
enth, eighth, tenth, thirteenth, fourteenth, fifteenth, sixteenth, nine¬
teenth, twentieth, twenty-third, twenty-fourth, twenty-fifth, twen¬
ty-sixth, twenty-seventh, twenty-ninth and thirtieth bills having
been dispensed with; ■ , , , r
Resolved, That the said bills do pass, and that the titles thereof
be as aforesaid.
Ordered, That the Clerk inform the Senate thereof.
A bill irom the Senate, entitled, an act to amend an act, ap¬
proved Dec. 10, 1822, for the establishment of a state road from
Lexington to Ghent, on the Ohio river; was read the first time.
And the question being taken on reading the said bill a second
time, it was decided in the negative; and so the said bill was re¬
jected.
Ordered, That the Clerk inform the Senate tlicreof.
A resolution from the Senate^ fixing on a day for the election
of public officers, a President and Directors of the Bank of the
Commonwealth, and a President and Directors of the Bank of
Kentucky; was taken up, read, and committed to the committee
for courts of justice.
Mr. Prince, from the joint committee of enrolments, reported
that tlie committee had examined enrolled bills of the following
titles, and had found the same truly enrolled, viz:
An act for the benefit of David Short.
An act to improve the road leading from Monticello to the state
line, in a direction to Monroe, Tennessee.
An act changing the boundary lines of the 72d Regiment of the
Kentucky Militia.
W2
'•f
370 JOURNAL OF THE [Jan. 22.
An act to change the place of voting at the Claysville precinct;
in Harrison county, and tor other purposes.
An act for the benefit of the sheriffs ot (.Tallatin, 1 endleton, and
Bath counties.
An act for the benefit of Sally Spillman.
An act for the benefit of Vachel VVelden, jailor of Bracken
Ai/act to authorise the sale of a street in Russellville.
Whereupon the Speaker affixed his signature thereto.
OnlerrfI, That Mr. Prince inform the Senate thereof.
A resolution from the Senate, fixing on a day for the adjouni-
ment of the f.egislature: was taken up, read, and amended by
striking; out “Sf/tKrr/rn/, tAc iiistnn/, jrtwm?T/.
It was then moved and seconded to lay the said resolution on
the table. . , -j j •
And the question being taken thereon, it was decided in the
neeative. , i
'I’he yeas, and nays being required thereon, by Messrs. David¬
son and Ewing, were as follows:
YEAS—Mr. Speaker, iMessrs. Abell, Bowling, Brown, Butler, Dela-
nev, Dunlap, Harris, Hayden, Hauser, Innis, G. W. Johnston,Kennedy,
Lee, M Afee, M Donald, McFall, Marshall, Matson, May, Murray,
Nuttall, Rudd, Sanders, Seaion, Short, E. Smith, W. Smith, Southgate,
Thruston, D. White, Woolley, Yates, and S. Young—-34.
Nays _Messrs. Allen, S. H. Anderson, Bell, Boone, Bramlett, Chil¬
ton, Chun hill, Collins, Cook, Copeland, Crow, Covington, Culley, Da-
vid.son, Davis, English, Ewing, Faris, Fulton, Gaines, Gorin, Green,
Harrison, Heady, Henry, Hill, Hughes, Jennings, Lockliart, Lucas,
Maxey, Megowan, Meriwether, Morgan, B. S. Morris, D. Morris, Oz-
born, Patterson, Pendleton, Pierce, Pryor, Rifle, Scrivner, Shanks, Simp¬
son, D. T. Smith, Stevenson, B. F. Thomas, W. Thomas, Thompson,
Wickliffe, J. William.?, S. Williains,»and J. White—fid.
A motion to fill the.blank having been moved:
Mr. Harrison then again moved to lay the said resolution on
the table. , , •, j • '
And the question being taken thereon, it was decided in the
negative. , -n •
The yeas and nays being required thereon, by Messrs. Lwing
and Davidson, were as follows:
YEAS— Mr. Speaker, Messrs. Abell, Bowling, Brown, Butler, Cul¬
ley, Delaney, Dunlap, Fulton, Harris, Harrison, Hayden, Hauser, Hea¬
dy, Innis, Jett, G. W. J .hnston, W. Johnson, Kennedy, Lee, Lockliart,
McAfee, McDonald, M Fall, Marshall, Matson, May, D. Morris, Mur¬
ray, Nuttall, Pickett, Rudd, Sanders, Seaton, Short, E. Smith, W. Smith,
I
Jan. 2-3.J HOUSE OF REPRESENTATIVES. 371
S.mthgate, Stevenson, Tliruston, D. White, Woolley, Yates, and S.
Young—44,
]>jAYS—Messrs. Allen, S. 11. Anderson, Bell, Boone, BramleW, Chil¬
ton, Churchill, Collins, Cook, Copeland, Crow, Covingt. n, Davidson, Da¬
vis, English, Ewing, Paris, Caines, Gorin, Green, Henry, Hill, Hughes,
Jennings, Lucas, Mu.'cey, Megowaii, Meriweiher, M.)rgan,B. S. Moiris,
Ozborn, Patterson, Pendleton, Pierce, Prince, Pryor, lli«e, S.nsner,
Shanks, Shepherd, Simpson, D. T. Smith, B. F. Thomas, W. Thomas
Thompson, Wickliire, J. Williams, S. Wilnams, J. VMii.e, and 1. 1.
Young—50. ... .,
It was then moved and seconded to fill the blank in said reso¬
lution with Wednesday, the tth day x,f February:^
And the question being taken thereon, it was decided in the
”^T4ie''yeas and nays being required thereon, by Messrs. T. I.
Young and Woolley, were as follows, viz:
yeas—M r. SpEAKEK,'Messrs. Aliell, Boll, Bowling, Butler, Delaney,
Dunlap, English, Fulton, Harris, Hayden, Heady, Jett, G. W. Johnston,
Lee, McAfee, M -Donald, M- F:dl, Marshall, Matson,,B. S. Morris, D.
M )rri= Murray, Nuttall, Pickett, R.idd, Sanders, She|iherd, E. Smi li,
W. Smith, Southgate, Thruston, Wickliffe, D. White, Woolley, and Yates
jyjYYS_Messrs. Allen, Boone, Bramlett, Brown, Chilton, Churchill,
Collins, Cook, Copeland. Crow, Covington, Gulley, Davidson, Davis,
Ewing, Paris, Gaines, Gorin, Green, Harrison, Henry, Hill, Hughes,
Inni^^Jennincrs, W. Johnson, Kennedy, Lockhart, Lucas, Ma.vey, May,
Meirowan, Meriweilier, Morgan, Ozborn, Patterson, Pendleton, Pierce,
Prince, Pryor, Riffe, Scrivner, Seaton, Shanks, Sliorl, Simpson, D. P.
Smith,’Stevenson, B.' F. Thomas, W. Thomas, Thoinpsoii, J. Williams,
S. Williams, J. White, S. Young, and T. 1. Young )h.
The blank in said resolution was then filled with Saturday, the
2d February; and the resolution, as amended, concurred in.
Ordered, That the Clerk inform the Senate thereof, and request
their concurrence in said amendment.
X bill to change the mode of summoning jurors, and to provide
for their compensation; was read a second time.
Mr. Yates then moved to lay the said bill on the table until the
first dav of June next. i ■ j i ■ o „
And‘'the question being taken thereon, it was decided in the
The yeas and nays licing required thereon, by Messrs. Chilton
and Yates, were as lollows, viz:
_Mr. SpeakeBj Messrs. AoelU Allen, A. Anderson, S. 11. An-
derson, Bell, Bowling, Cliiirchill, ColliiiF, Cook, Covington, Davis, Dun¬
lap, English, Faiis, Gorin, Green, Hayden, Heady, Hughes, Innis, Jen¬
nings, L'lcas, MuAfee, Meriwether, Patterson, Pendleton, Pierce, Pry¬
or, RilFc, Rudd, Scrivner, Shanks, Short, VV. Smiih, Stevenson, B. F.
Thomas, Thompson, Thrnston, Wickliffe, J. White, and Ya'es—42.
NAYS—Messrs. Boone, Butler, Chilton, Copeland, Crow, Culley,
Davidson, Delaney, Ewing, Fulton, Gaines, Harris, Harrison, Hauser,
Henry, Hill, G. \V. Johnston, W. Johnson, Kennedy, Lee, Lockhart,
M Donald, McFall, Marshall, iMatson, May, Megowan, Morgan, B. S.
Morris, D. Morris, Murray, Nattall, Ozborn, Pickett, Prince, Sanders,
Seaton, Shepherd, Simpson, D. T. Smith, E. Smith, Southgate, W.
Thomas, J. Williams, S. Williams, Woolley, S. Young, and T. 1. Young
—48.
The said bill was then committed to a committee of the whole
house for the 29th instant.
A message was received from the Senate announcing the pas-
sago of bills of the following titles:
.\n act to remove the obstructions to navigation at the falls of
Green river, and for other purposes; and.
An act to amend an act incorporating the Bardstown and Lou¬
isville Turnpike Company.
The house took up for consideration the preamble and resolu¬
tions laid on the table on the-day of Decemher, by Mr. Da¬
vis, on the subject of the road leading from Lexington to the Vir¬
ginia state line, by w.ay of Winchester, Mount Sterling, aud Ow-
ingsville; which being twice read, was adopted.
Ordered, That the Clerk carry the same to the Senate, and re¬
quest their concurrence.
The following bills were severally read a second time:
1. A bill for the benefit of Champ Mullens, of Rockcastle
county.
2. A bill for the benefit of Sarah Crane.
3. A bill to authorise the qualified voters of Hickman county
to select either Moscow or Clinton for a permanent seat of justice
for said county, and for other purposes.
4. A bill to change the mode of ascertaining the value of slaves
executed.
5. A bill to fix the terms of the Trigg circuit court.
6. A bill authorising the building of an arsenal for the security
and preservation of the public arms.
7. A bill to amend the law in relation to landlords and tenants.
8. A bill to regulate the compensation of the clerks of the Sen¬
ate and House of Representatives.
9. A bill to repeal an act entitled, an act for the benefit oi
Henry G. Mitchell and Ezekiel Jenkins, approved Jan. 12,18:.,5.
Jan. 22.j HOUSE OF REPRESENTATIVES. o7o
10. A bill to allow an additional justice of the peace and con- '
stable to Washington county. [l
11. A bill to appropriate ^'ji'.bOOO towards building a permanent I
bridge across Licking river, at Claysville. ]
12. A bill for the benefit of Benjamin F. Orcar. I
13. A bill to add a part of the county of Whitley to the coun¬
ty of I.aurel. _ ^ , jjlj,
14. A bill for the improvement of the navigation of Big Gancy,
a branch of Rough creek. j 4
The first, second, third, fourth, sixth, tenth, twelfth, thirteenth
and fourteenth, were severally ordered to be engrossed and read
a third time; the fifth, seventh, eighth and ninth, were committed j
to the committee for courts of justice; and the eleventh, to the
committee on internal improvements. f
And thereupon the rule of the house, constitutional provision, 4
and third reading of the third, sixth and tenth bills having been
dispensed with, and the same being engrossed:
R‘’solverl, That the said bills do pass; that the titles of the
third and sixth be as aforesaid; and that of the tenth be amended
by adding thereto the words, “and a justice of the peace to IShcl- ),
by county.
Ordered, That the Clerk carry the said bills to the Senate and j
request their concurrence. ;■ ?
A bill to amend the act to provide for the erection of a bridge )
across Rockcastle river, on the turnpike and wilderness road: was
read a second time.
The question was then taken ,on engrossing the said bill and
reading it a third time, which was decided in the affirmative.
The yeas and nays being required thereon, by Messrs. McAfee
and E. Smith, were as follows, viz:
YEAS—Mr. Speaker, Messrs. S. H. Anderson, Brown, Butler, Chd- i’
ton, Collins, Covington, Du vis, Dunlap, Faris. Fulton, ( aines. Green, V
Hayden, Henry, Innis, Jiumings, Jcti, G. W. Johnston, W. Johnson,
Kennedy, Lee, Lucas, M' Fall, Marshall, Matson, May, Meriwether,
Morgan, B. S. Morris, D. Morris, Pickett, Pierce, Pryor, Sanders, Sea¬
ton, Shanks, Short, Simpson, E. Smith, VV. Smith, Southgate, B. F. jj
Thomas, Thrustqn, Wickliffe, S. Williams, D. White,.!. VVhite, Woolley', i
Yates, and S. Young—.51.
NAYS—Messrs. Abell, Allen, A. Anderson, Bell, Boone, Bowling,
Bramlett, Churchill, Cook, Copeland, Crow, Culley,Davidson, Dehinev,
English, Ewing, Gorin, Hauser, Heady, Hill, Hughes, Lockhart, Mc¬
Afee, McDonald, Maxey, Nuttall, Ozliorn, Patterson, Pendleton, Prince,
Rifle, Shepherd, D. T. Smith, W. Thomas, Thompson, and J. Wil¬
liams—36.
And then the house adjourned.
JOURNAL OF TIIL
[Jan. '^ 6 .
WEDNESDAY, JAjYUARY 23, 1833.
Leave was given to bring in the following bills;
On the motion of Mr Allcn-1. A bill for the beneht of Lewas
Strader and-Strader. , . .
On the motion of Mr Allen—"2. A bill to authorise the county
court of Green county to regulate the constahl-^s' districts, so tar
as to reduce the number of constables in said countv to live.
On the motion of Mr Hayden—3. A liill to provide for open¬
ing a road from Frankfort to Williamstown, m Grant count}.
On the motion of Mr Maxey—L A bill for the improvement
of the public roads in Monroe county.
Messrs. Allen, A. Anderson and Mc Afee, were directed to pre¬
pare and bring in the first and second; Messrs. Hayden, J). tviuie
mul Hauser, the third; and the committee ol ways and means, the
A message was received from the Senate announcing their dis¬
agreement to bills which originated in this house, ot the iollow-
ing titles:
An act to amend the law concerning divorces.
An act for the benefit of Augusta College. r i
The passage of bills, which originated in this house, of the tol-
lowing titles:
An act for the benefit of Stephen Langford.
An act to appoint additional justices of the peace in certain
•counties and for other purposes. . , . - . an.
An act to authorise the appointment of clerks m vacation, with
amendments to the two latter bills.
The passage of bills of the following titles:
An act to erect a house of public worship in the town of iMount
Vernon, in Pi.ockcastle county; and.
An act to amend an act entitled, an act for the benefit of tl
Jieirs of Samuel Shannon, deceased.
And their concurrence in the amendments proposed by tins
house to a bill from the Senate, entitled, an act concerning the
public library, and to provide for the election ol a T.ibrarian.
^ Mr. B. F. Thomas, from the select committee, to whom was re¬
ferred the petition of Thomas F. Hazelrigg, made the following
The select committee, to wdiom was referred the memorial of
Thomas F. Hazelrigg, praying to be admitted as a member ol n
house, in the place of Joseph R. Ward, the then sitting membm,
from the counties of Lawrence and Morgan, have had the subject
under consideration, and have agreed upon the & •
The petitioner, Thomas F. Hazelrigg, charges, that he "'as d -
ly elected, as a representative from the counties ol Lawrence <u
1
375
Jan. 23.] HOUSE OF REPRESENTATIVES.
Morgan, at an election held in said counties, on the loth, 14th,
and iSth da} s ol Uectnibcr, 1832; and that after the close ot said
election, the poll hooks of three of the precincts in l.awrence
county were o/tew/and inlu'polatc.d, so as to give Joseph R. 'vVard,
the member returned, a majority ol sixteen votes. As the facts
set out in said petition imputed to the sherilf, to whom the custo¬
dy of said poll books was confided, conduct, if not criminal, at least
higiily reprehensible; the committee deemed it their duty to avail
themselves of the power delegated to them, and to send for per¬
sons and papers, touching said alteration of the poll books.
Upon tlie tirst meeting of the committee, after the arrival of
the witnesses, they received from the sitting member, Joseph R.
AVard, a tetter, announcing his resignation as a member of this
house. Whatever motives may have dictated such a course, your
committee did not think that the investigation of the alleged al¬
teration of the poll books ought to be declined or evaded; nor
did they supjiose that such resignation of the silting member would
entitle the petitioner to a seat in this house, unless it appeared
from competent testimony, that he had received a majority of the
qualified votes given at said election.
The committee regret that in the prosecution of this investiga¬
tion they were unable to obtain the poll books, which are alleged
to have been altered, as the Sheritf not only failed to appear be¬
fore the committee, but had also failed to deposite tlie books in
the office of the clerk of the county court of l.awrence, as he
was by law bound to do: consequently the committee were con¬
strained to allow, in relation to said matter, a secondary grade of
testimony, to-wit: the parole testimony of witnesses; and allliough
the production of said books might have produced a more certain
conviction in the minds of the committee, in relation to the alleg¬
ed alteration, yet they must admit that the testimony introduced
before them was of such a character as to leave but little, if any,
doubt upon this subject. They would therefore respectiully call
the attention of the house to the facts as they appeared in evi¬
dence.
By an inspection of the poll l)Ooks of Morgan county, it ap¬
peared that Hazelrigg received, in that county, 311 votes :ind
W aid, 44 votes. It was then proven by the Sheriff who compar¬
ed the polls, that in l awrence county, at the Rockcastle precinct,
AVard received 21 votes and Hazelrigg, 1; or that such was the
state of the poll, when shown to liim, upon the comparison of the
polls; that at the George’s creek precinct, \\''ard received 38
votes and Hazelrigg, none; that at 1 ouisa. Ward received 85 votes
and Hazelrigg. mini'; at the East Fork precinct. Ward received 74
votes and Hazelrigg, non"\ at tlie Little Fork precinct. Ward re¬
ceived 02 votes and Hazelrigg. none; and tliat at die Blain's pre¬
cinct, Ward received 45 voles and Hazelrigg, 41: making the en-
376
JOUIlNAl. OF THE
[Jan. 33,
ti,-e vole or Ward, in tlie two counties, 369; and the entire vote oi
ilazclri353. These facts appear Irom the poll-books, as thej
existed «uien the comparison of ihe polls was made. Ihd it ap¬
peared in testimony licfore the committee, by Henry
Ks,i one of the judges of the election, m the fxcorge » [leek pre-
eiltirf vote given there was 31 vi^s,
to Ward. It also appeared, by the tcAimony oi
- ' ’ '--n.
^rhSai; mir^f the Judges^f the election,
house, (Louisa,) that the entire vote given there was 3 votes, a 1
of wliom were for Ward. And it further appeared, by the testi¬
mony of John Stallord, Esc]. who was one of the ^ ®
election at the ilockcasllc precinct, that at said precinct the e
tire vote was 13, 13 of whom were for Ward and one ‘“v
viag. These facts seemed so fresh in the reco lection of said i h-
ncie« which, wljpn combined with the good charactei of said
witne^es. left no doubt on the minds of the committee m relation
to the true vote given at said lirccincts.
the entire vote in the two counties for Ward was .311, and
zelrigg, 353; giving to 1 lazclrigg a maionty of 1.^
' lifcoming to this conclusion, your committee have felt the more
confidence, from the fact that if their conclusion be wrong it rni^ d
have been repelled by the production of the books; and whilst
they admit that there ias no evidence before them going to prove
that Joseph Fv. Ward had any knowledge of
they feel Aonstrained to say, that the conduct of the tsheiiH of
Lawrence county has been highly censurable and deserving of
reprobation. 3V3ien ministerial otlicers so far forget their solemn
and sacred dates as to permit personal friendship or party zeal to
overcome their judgments, and to induce them, oflicially, to sug¬
gest that which is false, or to suppress that which is ^’'ae, t'lere is
no safety, no guaranty for a due administration of the law .
The committee therefore recommend the adoption of the tol-
‘“'SS'tS' in Ihe opinion of tlm connnittee, Thomns F.
llatelr gg was duly elected, as a member to serve in this house,
from thf counties of Lawrence and Morgan, m place of Joseph
Jones, resigned; and that he be permitted to take his seat as
'^The question was then upon concurring in the resolution pre¬
sented by said committee for the consideration of the house.
And Jie question being taken thereon, it was decided in the
affirmative.
The yeas and nays being required thereon, liy Messrs, Chilton
and 13. F. Thomas, wmre as follows, viz:
YEAS—Mr. Speakee, Messrs. Allen, A. Anderson, S. II. Andeison,
Bell, Bowling, Brainlett, Brown, Bailer, Churchill, Collins, Cook, Crow,
t
377
Jan. 23.] HOUSE OF REPRESENTATIVES.
Covington, Davis, Delaney, Dunlap, English, Ewing, Ford, Fulton,
Gaines, Green, Harris, Hayden, Hauser, Heady, Henry, Innis, Jen¬
nings, Jett, G. W. Johnston, W. Johnson, Kennedy, Lee, Lucas, Mc¬
Afee, M:Donald, McFall, Marshall, Maxey, May, Megowan, Mont¬
gomery, Morgan, B. S. Morris, D. Morris, Nuttall, Patteison, Pendle¬
ton, Pierce, Pryor, Sanders, Scrivner, Seaton, Shanks, Short, Simpson,
D. T. Smith, E. Smith, W. Smith, Southgate, Stevenson, B. F. Thomas,
W. Thomas, Thompson, Thruston, Wickliffe, J. Williams, S. Williams,
J. White, Woolley, Yates, S. Young, and T. I. Young—75.
NAYS—Messr.s. Abell, Chilton, Copeland, Gulley, Hill, Hughes, Mat-
son, Meriwether, Murray, Ozborn, and Shepherd—11.
Mr. Ewing then moved the following resolution:
Resolved, Tliat Hairis \V. Tlrompson, Sheriff of the county of
Lawrence, pay tiie costs of this proceeding; and that an execu¬
tion issue by the Clerk of this house against him for the same,
which shall be executed by the Sergeant of this house or by the
Coroner of Lawrence.
Which being read, was committed to the committe for courts of
justice.
Mr. Prince, from the joint committee of enrolments reported
that the committee had examined enrolled bills of the following
titles, and had found the same truly enrolled, viz:
An act for the benefit of the clerk of the Garrard county court.
An act for the benefit of the late Sheriff of Grant county and
his securities.
An act for the benefit of the heirs of Samuel Flournoy, de¬
ceased.
An act further to improve the town of Princeton.
An act to provide for the opening a road from Frankfort to Wil-
liamstown, in Grant county.
An act to establish election precincts in the counties of Breck-
enridge and Hancock.
Whereupon, the Speaker affixed his signature thereto.
Ordered, That Mr. Prince inform the Senate thereof.
Mr. Green, from the committee of conference, appointed on the
subject of the disagreement of the two houses, witlj regard to tiie
first amendment proposed by the Senate to a bill which origina¬
ted in tliis house, entitled, an act to provide for laying the levy in
certain cases, and for other purposes: made a report. Whereujjon,
Resolved, That this house adhere to tlieir disagreement to the
first amendment proposed by the Senate.
Ordered, Th.at the Clerk inform the Senate thereof.
Mr. Thomas F. Hazclrigg, api)eared, produced a certificate of
his having taken the several oaths required by the constitution of
the United Stales and the constitution and law^s of this state, and
X2
JOURNAL OF TIIF
[JaN. 23.
took his seat as a member of this house, from the counties of Law-
Tlie house took up for consideration “a l)ill to establish a btate
Bank,” and the amendments proposed thereto by the select com-
™*Tht said amendments were then concurred in; and the said bill
amended to read as lollows:
Sec. 1. Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That a Bank, to be denoniinated the “Slate Bank of Ken¬
tucky,” shall bo and the same is hereby established, m , m this
Commonwealth, with a capital of three millions of dollars, to be divided
into shares of one hundred dollars each, and suhscril ed anil paid for in
the manner hereinafter mentioned and described, which subscribers and
share holders, their successors and assigns, shall be and are hereby cie-
ated a body politic and corporate, by the name and style of the “State
Bank of Kentucky,” and shall so continue a body politic and corporate,
until the first day of January 18G3; and by that name shall be compe¬
tent to contract and be contracted with, to sue and be sued, plead and be
impleaded, answer and be answered unto, defend and bo defended, in all
courts of this Commonwealth, as natural persons with full power and au¬
thority to acquire, hold, possess, use, occupy and enjoy, and the same to
sell, convey, and dispose of all such real estate, goods, chaUles and ef¬
fects, as shall be necessary and proper for the transaction of its business,
or which may be conveyed to said bank as collateral security, or receiv¬
ed in payment of any doubtful debt dbe and owing as aforesaid, and
which had previously accrued in the course of its dealings, either by con-
ti-act of purchase, or otherwise; and may have and use a common seal,
and al'er and change the same; and make, ordain, and establish, and
put in execution, such by-laws, ordinances, rules and regulations, for the
government of said bank, as may be considered meet and proper; pro¬
vided the same are not inconsistent with the constitution of this com¬
monwealth and the laws thereof, and the constitution and laws of the
United States.
Sec. 2. Be it further enacted, That ten thousand shares of the capi¬
tal stock of said bank be and the same are hereby reserved for the State
of Kentucky, to be subscribed for and paid in the manner hereinafter
S^at Be it further enacted. That John W. Hunt, Lewis Keene,
■ and Benjamin Gratz, of the City of Lexington; Nathan Hickson, Adam
Beatty, and John M. Morton, of the town of Maysville; Peter Dud ey,
John'llarvie, and Llward P. Johnson, of the town of Frankfort; .Tohii
L Jacob, John P. Oldham, and David S. Chambers, of the City of on-
37ft
Jan. 23.] HOUSE OF REPRESENTATIVES.
isville; Alexander MrCandless, John W. King, and William Yorke, of
the town of Covingion; Samuel Davies.=, Christopher Chinn, and John
Bull, of the town of Ilarrodsburg; and-of the town of R ;ssell-
ville; are hereby appointed commissioners, to open books and receive
substriplions for the capital stock of said bank; and for that purpose, it
shall and may be lawful for said commissioners, or any two of them, on
on the first day of April next, or at any other time wi'hin twelve mon hs
thereafter, at the places herein named, having given not less than thirty
days notice in at least one newspaper printed in Louisville, one in Lex-
ingiim, and one in Frankfort, and in such other papers in Kentucky or
elsewhere, as they may think proper, to open books of subscription for
the capita! stock in said bank, and to keep said books open from ten in
the moming until four in the evening, for sixty da)'? (Sundays excepted,)
or un’il at least ten thousand shares of said stock shall have been sub-
scribcii, when the same may be closed; and if more than twenty thou¬
sand shares shall be subscribed, the said commissioners shall deduct the
amount of such excess from the largest subscriptions, in such manner
as that no subscription shall be reduced while one remains larger; and
in the event the full amount of iweuty thousand shares shall not be sub¬
scribed fur, at the closing of the books as aforesaid, the said books may
be re-opened, for subscriptions by ihe commissioners aforesaid, until the
whole of said stock may he taken; and for the purpose of ascertaining
the aijiount of stock subscribed, and making the distribuii<>n as afore¬
said; if necessary, it shall be the duty of said commissioners, or a ma¬
jority of them, to convene at the capimi, in the town of Frankfort, on
the first Monday in July next, or sooner, if they think proper, and if it
shall appear that ten thousand shares of said capital stock have been
subscribed, by individuals, bodies politic or corporate, said commission¬
ers, or a majority of them, shall have power to convene a general meet¬
ing of the stockliolders, in-, and at such time as they may direct,
giving at least thirty days’ notice in not less than four newspapers print¬
ed in Kentucky.
. Sec. 4. Be it further enacted, That the payment of shares of said
capital stock shall be made in gold or silver, and comple.ed by the sub¬
scribers respectively, at Ihe limes and in the manner following: iliat is
to say—at the time of subscribing, ten dollars on each .share; widiin
thirty days after the elecliou of tlic first directors, the further sum of
twenty dollars on each share; and the balance due on each share .shall
be made in payments of thirty dollars in three mon.hs thereafter, and
forty dollars in six months thereafter; but any subscriber may, at his op¬
tion, pay the full amount of his subscription at any time, or any greater
380
Jan. 23.] HOUSE OF REPRESENTATIVES.
amount than herein required to be paid. And if any subscriber shall
fail in the payment of any part of any sum subscribed to the capital of
said bank, he she or they so failing shall lose the benefit of any divid¬
end which may have accrued prior to the time of making such payment,
and during tlie delay of the same: Provided, the President and Direc¬
tors shall have power to cause the stock so subscribed to be re-sold, as oth¬
er unsubscribed stock, in default of payment as aforesaid.
Sec. 5. Be it further enacted, That the management of said Bank
shall be under the direction and control of a board of th^teen directors,
who shall be stockholders, andcilizens resident in the state of Kentucky,
four of whom shall be chosen by the Legislature on joint ballot of botli
houses; and after the first election, shall be elected annually on the first
Monday in February, by the stockholders, at such place in-— as
the President and Directors for the time being may designate. At eve¬
ry election and meeting of the stockholders, held under the provisions
of this charter, each and every shareholder shall be entitled to one vote
for each and every share he or she may hold in his or her own right, up
to fifty; and for every five shares Over fifty shares, each stockholder
shall be entitled to one vote up to one hundred votes, but no shareholder
shall be entitled to more than one hundred votes in his own right; and
after the first election, no share shall confer the right of suffrage, which
shall not have been holden by the then owner thereof, and so appear on
the books, at least three months previous to the election. Any stock¬
holder not personally attending such election, or other regular iheeting
of the stockholders, and having a light to vote, may vote by proxy, such
proxy being granted to a stockholder actually attending the election. No
director of any other bank shall be eligible to the office of director, nor
shall two partners in trade be eligible as directors in this bank at the
same time, nor shall any person vote for a director, either directly or by
proxy, who is nut a citizen of the United States at the time he offers to
vote.
Sec. 0. Be it further enacted, That the directors chosen under the pro¬
visions of tills act, shall, as soon as may be after the first and every annual
or other election, elect a President from their own body, who shall pre¬
side at the board until the next election; and in the event of his death,
absence, or resignation, the board shall choose a President pro tempore;
they shall fill all vacancies which may occur in their own body, during
the time for which they shall have been elected—and appoint a cashier,
and subordinate officers, clerks, agents and servants of said Bank; and,
also, in the event any one or more branches of said bank shall be es¬
tablished by them—to appoint the directors thereof, and cashier or cash
JOURNAL OF THE
[Jan. 2.J.
. iers thereof, fix their and each of their compensation, define their pow¬
ers, and prescribe their duties; requiring from them such bonds, and in
such [lenalties, and with such conditions, as they may prescribe; and re¬
quire tlie same, from time to time, to be altered and enlarged, with such
additional security, as in their discretion, may be considered most ad¬
vantageous to the interest and safety of said Bank. The President and
six Directors may form a quorum, and they shall be authorized to make,
ordain and put in execution, such by-laws, rules and regulations for
their own government, and for the management of said Bank,or any
or all of its branches, if any shall be created, and of the estate, funds,
and every matter and thing connected with the management of said
Bank, not inconsistent wi'h the provisions and exceptions herein con¬
tained. They shall hold stated meetings once in every week at least,
and at such other times as the President or a majority of said Directors
shall direct; and all questions before said board shall be decided viva
voce by a majority present, any one of whom may require the yeas
and nays to be taken and recorded on any proposition submitted. They
shall, on the first Mondays in January and July, in each year, make
and declare dividends resulting from the profits of said Bank, provided
the capital stock shall in no wise be lessened, and pay such dividends
on demand to the several stockholders; and provided further, that be¬
fore any dividend is made, in each and every year, there shall be de¬
clared and set apart from the profits of said Bank, a surplus or contin¬
gent fund, of at least one half per cent, on the dividends so declared,
which shall and may be re-loaned, together with the profitsarising there¬
from, and kept and considered as a distinct fund, during die continu¬
ance of this charter. And if the President and Directors of said Bank
shall, at any time, make any dividend of the profits, or other property of
said Bank, by which the capital stock shall in anywise be lessened or
impaired, or shall, by any mismanagement or neglect of duty, cause
any loss of the capital stock of the Bank,, the Directors consenting there¬
to, shall be jointly or severally liable, in their individual capacities, to
any stockholder or creditor of said Bank, who may sustain injury there¬
by. And the President and each and every Director shall be deemed
to have consented to such dividend, and been guilty of such mismanage¬
ment, unless he shall cause his dissent to be entered on the books of
said Bank, or establish the fact, that he was not present at the time;
Provided, That before the President or any one or all of the Directors
aforesaid, or the President and Directors of any branch bank, or the
cashier or cashiers thereof, clerks, tellers, and all other officers, con¬
nected either with the principal bank or its branches, ishall enter on
- , 1 3 iho'ir c;pveval ortices unu bLuuuno
«!y to clisohorgo th. .lot os ol ,g,
ted by this charter, or which may be ^ -'i , nf the
If .^d Bank- and, moreover, that they will not violate any of t o
r.;on. thd they ..ill moko .W. »»« kno.n to th. ol.ontoy gonctal
this Comraonwealih, and the Governor thereof
Sec 7 Be it further enaeted, That it shall and may
sai I Bank to loan money, buy, sell, and negotiate bills ol exchange
cteks, and promisory notes, and other negotiable paper or obhga . n
t it paynUt of aLn of money certain, and stock in mcorpo
omnanL- and to discount, on banking principles and usaps, bills ot
exclian-e promisory notes, and other negotiable paper; also, to issue
S or°Bank notes, payable to bearer on demand; also to draw and
tlie bins of exchange on individuals, companies or colorations,
payable to order, and at such place and at such time oi c.^
Directors for the time being, may deem expedient: Prowded, it sha
not be lawful for said Bank to issue any bank note of a lessdenomin -
tion than five dollars, and provided, also that all notes miule payable at
and discounted by said Bank, or any of its branches, shall pt te sub
iect to set-off, nor shall the consideration thereof be impached; and, pro¬
vided further, that the said President and Directors shall not, m any
discount any promisory note, unless there shall be at least thiee le-
tnrible names thereupon, either as drawers or endorsers, as they may
"" Si'r's Be it further enaeted, That the board of Directors shall and
may allow andp'ay to the President of said Baiilc, and the caslner tbe.-
of,'and the Presidents and cashiers of any branch, ^ ;
and odier officers, such compensation for their services as m their ois
:in may be considered proper: and it shall be the especial duty f
said board, once in every month, to caus'e a strict examination ofthe ac-
co'intsofthepriiicipalcashier,andthecashiersofeachbranch,an a.
ment of such examination shall be entep^n the journals
i„.softheboard;andit shall not be lawfulforaiiy cash.e. o othei o
00 ° of said Bank, tobecomo indebted to said Bank, mther as
endorser,™- security, nor shall tlip cashier, clerk or -"y other oft ct
Bank, vote at any election for Directors, as attoiiicy,a„
Jan. 23.1 HOUSE OF REPRESENTATIVES.
0.0'"v
»j3e>
owe, wliether by bond, bill, note or other contract, an amount exceed¬
ing twice the sum of their capital stock actually paid in, exclusive of
sums due on deposites; and incases of excess, the President and Direc¬
tors under whose administration it shall have occured, shall be liable for
all or any of the debts of sail Bunk,in their natural and private capa¬
cities, by a joint or several action of debt against them, their or any
of their respective heirs, executors, or ttdministrators, in any court hav¬
ing jirisdiction thereof, by any creditor or creditors of said Bank, and
may be prosecuted to judgment and execution; Provided, the lands,
goods, chatties, funds and choses in action, belonging to said bank, arc
inadequate to satisfy the excess; and provided, also, that if the President,
or any Director shall be absent when the excess may bo created, or be.
ing present,' shall dissent from the resolution or act by which the excess
was made, he or they shall not be liable under this section, if he or they
shall, within ten days from the creation or discovery thereof, make affi¬
davit of the fact of his or their absence or dissent, and file the same for
record tvith the clerk of the county court of-county.
Sec. 10. Be it further enacted, That said Bank shall not, at anytime,
suspend, fiiil or refuse payment in gold or silver, for any of its notes,
bills or other obligations, due and payable, or moneys received on de-
posite, and in the event the t.fficcrs in the usual banking hours, at the of¬
fice of discount of and deposite of said Bank, or any of its branches,
shall fail or refuse, or unreasonably delay payment, in gold or silver of
any note or bill of said Bunk, there presented for payment, and payable
at such office of discount and deposite, or (he jtayment of any money
previously deposited therein, and there demanded by an)' person or per¬
sons entitled to receive the jrayment of the same, the said Bunk shall be
liable to pay, as additional damages, at the rate of twelve per centum
per annum on the amoun: thereof, from the lime of such failure, refusal
or delay, until the payment thereof; and for such failure or refusal, as
well as for a violation of any of the provisions of this charter, the same
shall be forfeited on a scire facias, sued out in the name of the Com¬
monwealth, on the motion of the Attorney General, and such proceed¬
ings had as to declare such forfeiture by the judgment, of any court of
competent jurisdiction.
Sec. 11. Be it further enacted. That the certificates of deposite, bills,
notes, bills of e.xchange, orders or checks of said bank, signed by the
President and countersigned by the cashier, promising or directing the
payment of money to any pers.on or persons or to bearer, shall be obligatorv
on said bank, though not under the seal thereof; and all such bills, notes
or orders, payable to order, shall be transferable and negotiable by en-
381
JOURNAL. OF THE [Jan. 23.
ciur.ement, and those payable to bearer by .Iclivery. That the shares
in said bank shall be considered as personal estate, and assignable on
the books of said corporation, in the manner prescribed by the President
and Directors. .
Sec. 12. Be it further enacted, That if any cashier, or any of the ot-
iioers, agents or servants of said bank, or any of its branches, sha i em¬
bezzle, and without aiuhority from the President and Directors of sai
bank, appropriate any of the funds of said corporation to his own use,
with intent to cheat and defraud said bank, or shall fail to make correct
entries on the books of said bank, with intent to defraud said bank or
anv other person or persons whatever, said officer, agent, oi
shall be deemed guilty of felony, and shall, upon conviction thereof, be
seiirenced to confinement in the Jail and Penitentiary of this state, tor a
period not less than two nor more than five years.
Sec. 13. Be it further enacted, That so soon as ten thousand shares ot
said capital stock shall be subscribed as aforesaid, and the sum of five hun¬
dred thousand dollars or upw'ards of said stock, actually paid in, in gold
or silver, or the notes of the Bank of the United States, or its branches,
the President and Directors shall notify the Governor of this Common¬
wealth thereof, who is hereby authorised to appoint some suitable per¬
son or persons to examine and count the money so paid in, and take the
written affidavit of the President, and at least six Directors, that said
money has been actually paid in bona fide, as partof the capital stock
of the bank. And upon the Governor being satisfied that the supi here¬
in required has been paid as aforesaid, he is hereby authorised and re¬
quired to subscribe for, on behalf of the state, ten thousand shares of
the capital stock of said bank; and for the purpose of enabling him to
pay for the same, he is required to cause certificates or bonds, signed
by the Treasurer, and endorsed by the Auditor, in such form as he may
prescribe, with the seal of each, and cqunlersigned by himself, with the
seal of tlie Commonwealth, to be issued for one million of dollars, in
such sums or amounts, as he may deem advisable, bearing an annual
interest of not more than five per cent, redeemable in thirty years, the
interest of which shall be paid annually, which said bonds shall be plac¬
ed in the hands of the President and Directors of said banlt, and by
them negotiated; for the redemption of which said bonds or certifi -ates,
the faith and credit of this Commonwealth, together with the proceeds
of her vacant lands, stocks, and surplus funds and resources, arc hereby-
pledged: Provided, hoveBer, That the privilege shall be reserved, on
the part of the state, to redeem and pay off one third of said sum at
' any time after 15 years.
385
J-.vN, 23.1 HOUSE OF REPRESENTATIVES.
Sec. 14. Be it further enacted, Tliat the said President and Direc-
tors shall, and they are herei)y retiiiired, to establish any number of
blanches of discount and deposited in this Commonwealth, and at any
place, and. with such capital, as in their sound discretion, may be con¬
sidered necessary and advantageous to said bank: Provided, there shall
not be established more than four branches, two of which shall be lo¬
cated on the South side of the Kentucky river, and two on the North
side thereof. And the said President and Directors may commit the
management of said branches of discount and deposite, and the busi¬
ness thereof, to such persons and under such regulations, as they shall
deem proper, not being contrary to law or the charter of this bank.
Sec. 15. Be it further enacted. That no other bank shall be estab¬
lished by any future law of the State of Kentucky during the continu¬
ance of the corjioration hereby created, for which the faith of Kentuc¬
ky is hereby pledged.
Sec. 16. Be il further enacted. That in consideration of the privile¬
ges and benefits hereby conferred upon said bank, the President and
Directors shall pay to the State of Kentucky, out of the corporate funds
thereof, by way of bonus, after the rate of twenty-five cents on each
hundred dollars per annum actually paid in, of said capital stock, from
and after the first day of January in the year 1S35, which said bonus
shall be paid out of the profits of said bank.
Sec. 17. Be it further enacted. That it shall at all times be lawful
for a joint committee of both branches of the Legislature of Kentucky,
to inspect the books and examine the proceedings of the corpora'ion
hereby created, and report their opinion thereupon. And it shall le the
especial duty of said President and Directors, during the first w^eelc of
the session of the Legislature, in each year, to transmit to the Speaker
of the House of Representatives, for the use of the Legislature, an ac¬
curate and just statement of the condition of said bank, and all and
each of the branches thereof; which statement shall specify the amount
of capital stock actually paid in, the value of the real estate, and the
cost thereof; the amount of gold and silver and other moneys on hand,
the amount on depo.site, the amount of notes in circulation, and the
amount of the contingent fund; which statement shall be verified by the
oath of the President and principal Cashier.
Sec. 18. Be it further enacted. That it shall not be lawful for any
stockholder, who may be indebted to said bank, either as principal or
security, to transfer his stock, or any part thereof, to said bank, in pay¬
ment thereof; nor shall said bank discount or loan money on the pledge
of the capital stock of said bank; nor shall any stockholder transfer his
Y2
X86
JOURNAT. OF THE
[Jan. 23.
stock, who may be indebted to said bank, to any person or persons, un¬
less with the consent of the President and Directors first had anti ob¬
tained.
Sec. 19. Be it further enacted., That the said bank shall not contract
for or receive a greater rare of interest than at the rate of six pei lent
per annum for the loan or forbearance ot money, and interest on pn in-
issory notes negotiable and payable at said bank, or any of its biam li¬
es, an.l there discounted, shall be calculated on the true time such notes
have to run, including three days grace, and shall be paid in advance,
and on banking pi-inciples, in conformity with Rowlett’s tables of dis-
coun' and interest.
Sec. 20. Be it further enacted, That if any iierson shall falsely make,
forge, or counterfeit, or cause or procure to be falsely made, forged or
counterfeited, or willingly aid or assist in falsely making, forging, or
counterfeiting, any bill or note in imitation of, or purporting to be a bill
or note issued by order of the President and Directors of said bank, or
any order or check on said bank, or any Cashier thereof; or shall false¬
ly alter, or cause or procure to be falsely altered, or willingly aid or
assist in faisely altering, any bill or note issued by order of the Presi¬
dent an.. Directors of said bank, or any order or check on said bank, or
any Cashier -hereof; or shall pass, utter or publish, or attempt to pass
utter or pub.lish, as true, any false, forged or counterfeit bill or note, pur¬
porting to be a bill or note issued by order of the President and Direc¬
tors of said bank; or any false, forged or counterfeited order or check
upon said I'ank, or any Cashier thereof, knowing the same to be falsely
forged or coun.erfeited; or shall pass, utter or publish, or attempt to
pass, utter or publish as true, any falsely altered bill or note, issued as
aforesaid, or any falsely altered order or check on said bank or any
Cashier thereof, knowing the same to be falsely altered, with intention
to defraud said bank or any other person, cveiy such person shall be
deemed guilty of feb ny, and upon conviction thereof, shall be confined
in die jail and peni'enfiary of this Commonwealth for a period not less
than two nor more than seven years.
Sec. 21. Be it further enacted, That it shall be the duty of the Cash¬
ier of said bank to make out quarterly returns, and cause the same to
be entered in a book, to be kept for that |)urpose, ol all debts due said
bank or any of i'^s branches, and by whom, and the security or securi¬
ties thereupon, and the time when the same are, or may be due and
payable; which said book shall at all times be free and open to the in¬
spection of any' director of said b-ank, or ot any committee ajiiiointed
by the legislature, as herein before provided for.
Ja^% ‘23.] HOUSE OF REPRESENTATIVES.
387
Si:c. 22. Be it further enacted, TJiat it shiill not be lawful for said
President and Dtreciors, at any time, to issue an amount of paper ex¬
ceeding double the capi'al actually and in good fault in said bank, un¬
der tiie penalties herein before provided.
Sec. 23. Be it further enacted, That the bills and notes of said bank
so long as the same arc redeems i in gold or silver, shall be received by
Sheriffs tind collectors of the revenue ta.x and county levy, and ail other
oliicers tor debts due this Commonwealth.
Sec. 24. Be it further enacted, 3’hat in the event that the stock here¬
in authorised to l.e subscribed shall not be taken in two years, nor the
bank commence ojterations within thiee years, this act of incorporation
shall cease and determine.
Mr. Gaines then moved to lay the said bill on the table.
-And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon, by Messrs. South-
gate and Gaines, were as follows, viz:
YEAS—iMessrs. S. H. Anderson, Boone, Brown, B itler, Collins, Cov¬
ington, Davidson, Davis, Dunlap, Paris, Caines, Conn, Creen, Hughes,
Innis, Jennings, Kennedy, Lee, Lucas, Marsha. 1, Megowan, B S. Mor¬
ris, D. Morris, Pierce, Rilfe, Scrivner, Seaton, Shanks, Short, Simpson,
D. T. Smith, B. F. Thomas, Thompson, S. Williams, J. White, Yaies,
and S. Young—37.
NAYS—Mr. SPE.VKER, Messrs. Ahell, Allen, A. Anderson, Bell,
Bowling, Bramlett., Chilton, Churchill, Cook, Copeland, Crow, Culley,
Delaney, English, Ford, Fuiion, Harris. Harrison, Hayden, Hauser,
ILizeirigg, Heady, Henr}q Hill, Jett, G. W. John.cton, W. Johnson, Lock¬
hart, M'Afee, M Donald, M Fall, Matson, Ma}', Meriwether, Mont¬
gomery, Morgan, Murray, Nuitall, Ozborii, Patterson, Pendleton, Puk-
ett. Prince, Pryor, Rudd, Sanders, Shepherd, E. Smith, W. Sini h, Sou:h-
gate, Stevenson, W. Thomas, Tliruston, Whcklitle, J. Williams, D. White,
Woolley, and T. 1. Young—.59.
Mr. E. .Smith then moved to amend said hill by striking out
from the thirteenth section thereof, commencing in tlte twenty-
fourth line thereof, the following words:
'•'•Together with the proceeds of the vacant lands,stocks, and surplus
finds and resources.'’’
And the question being taken on the adoption of the proposed
amendment, it was decided in tlie negative.
Tite yeas and naj s being required thereon, by Messrs. E. Smith
and Southgate, were ;is follows, viz:
YEAS—^Mr. Spjsailek, Messrs. S. II, Anderson, Bell, Boone, Butlei,
388
JOURNAL or THE
[J an. 23.
Chilton, Cook, Covington, Davis, Dunlap, Favis, Gaines, Gorin, Green,
Harris, Harrison, Hauser, Henry, Hill, Innis, G. W. Johnston, Kenne¬
dy, Lucas, iMarshall, Megowan, Morgan, B. S. Morris, D. Morris, Pen¬
dleton, Pickett, Pierce, Rifle, Sci'ivncr, Seaton, Shanks, Simpson, E.
Smi h, B. F. Thomas, Thompson, Wicklilie, J. White, Woolley, Yates,
and S. Young—44.
NAYS—Messrs. Abell, Allen, A. Anderson, Bowling, Brainlett, Chur¬
chill, Copeland, Crow, Delaney, English, Ewing, Ford, h ulton, Haj den,
Hazelrigs, Heady, Hughes, Jett, W. John.son, Lockhart, McAfee, Mc¬
Donald, McFall, Matson, Maxey, May, Meriwether, Montgomery, Mur¬
ray, Nuttall, Ozborn, Patterson, Prince, Pryor, Rudd, Sanders, Shep¬
herd, Short, Southgate, S'evenson, W. Thomas, J. Williams, S. Wil¬
liams, and T. I. Young—14.
Mr. Ewing then moved to amend said section hy inserting af¬
ter the word pledged, in the 2()th line, the follow'ing rvords:
And the Governor of this Commonwealth, for the lime being,
shall pay over to said hank, all the surplus funds of the state, now
in the Bank of Kentucky, and in the Bank of the Commonwealth
of Kentucky, or which may be derived from the sale of her va¬
cant lands, over and above the necessary current support of the
government, after deducting therefrom the sum of two hundred
and twelve thousand dollars, as a credit to the treasury, for the
money already borrowed from the Bank of the Commonwealth,
and which may he necessary to borrow hy the 10th of October
next, to defray the current support of the government till that
time; which said surplus funds shall be paid into the bank, crea¬
ted by tliis charter, as fast as the same shall be collected and re¬
duced to specie; and when paid into said bank sliall be received
and go as a credit, and in payment of so much of the debt con¬
tracted hy the state, in obtaining the one million of dollars author¬
ised by this act. And the privilege is hereby reserved, on the
part of the state, to pay off Wnd discharge one half of said debt
so soon as said funds in said banks are realized.
And the question being taken on adopting the proposed amend¬
ment, it was decided in the negative.
The yeas and nays being required thereon, by Messrs. Ewing
and Southgate, were as follows, viz:
YEAS—Messrs. A. Anderson, Boone, Bowling, Cook, Ewing, Ford,
Gorin, Hazelrigg, Heady, W. Johnson, Maxey, Murray, Nuttall, Patter¬
son, Pendleton, Prince, Shepherd, D. T. Smith, Stevenson, W. Thomas,
Thompson, J. Williams, and Yates—23.
NAYS—Mr. Spkakek, Messrs. Abell, S. H. Anderson, Bell, Branilett,
Butler, Chilton, Churchill, Copeland, Crow, Covington, Culley, David¬
son, Davis, Dulaney, Dunlap, English, Faris, Fulton, Gaines, Green,
HOUSE OF REPRESENTATIVES,
Jan.
Harris, Harrison, ria 5 alen, Hauser, Henry, Iliil, Hughes, Innis, Jen¬
nings, Je:t, G. VV. Johnston, Kennedy, Lockhart, McAfee, M Donald,
Marsliail, M.rtson, May, Megowan, Meriwether, Montgoiner}’, Morgan,
B. S. Morris, D. M )rris, Osborn, Picke't, Pierce, I’ryor, RiO'e, Rudd,
Sanders, Scrivner, Seaton, Shanks, Short, Simpson, E. Smi;h, W. Smith,
S uthgate, B. F. Thomas, Wicklitfe, S. Williams, D. IVhite, J. White,
Woolley, S. Young, and T. 1. Young—08.
The previous question was then called for, by Mr. Woolley, and
susltiined by the house; and the question was then put on engross¬
ing the said bill, as amended, and reading it a third time, which
was decided in the negative. ,
The yeas and nays being required thereon, by Hiessrs. Gorin
and McAfee, were as follows, viz:
YEAS—Mr. Speakek, Mes.srs. A'. ell, Allen, A. Anderson, Bell, Bow¬
ling, Bramlett, Chilton, Churchill, Copeland, Crow, Culley, Delaney,
English, Ford, Fulton, Harris, Harrison, Hayden, Hazelrigg, Heady,
390
jfOiniNAL OF THE
[Jan. 23.
_Mossr?. S. II. Anderson, Bo: ne, Brown, B itlcv, Collins, Cook,
Covington, Davidson, Dav is, U:nr.a| , Ewi.u , Boris, Monies,Gorin,'v.reen,
Hansel-, Henry, Innis, Jennings, G. W. J. hnsUm, Kennedy, Lee, Lu. as,
Marshall, Maxey, Megowan, Morgan, B. S. M .iris, D. M ms, Bern .e-
ton, Pickett, Pierce, Pryor, Rifle, S rivner, Seaton, Slcnks, Shor , oimp-
son, D. T. Smith, E. Smith, B. F. Thomas, Thompson, Wi. k.ille, S. WiF
liams, J. White, Woolley, Y.ites, an.' S. Y-aing—49.
A message from the Governor, by Mr. Sanders, Secretary of
Sttvtc* , -k1 • A
Mr. Speaker :—The Governor did, on the 2vd instant, approve
and sign enrolled bills, which originated in this house, of the fol¬
lowing titles:
An act for the benefit of Abraham Miller, of Hardin county.
An act defining the limits of the town of Mount Washington,
in Bullitt county, and for other purjioses. . , . , .
An act to ch'ange the state road leading through the lands oi
Matthew Slaughter, in the county of Casey.
An act for the benefit of Thomas Newkirk and wife.
An act regulating and defining the powers of the trustees of the
town of Brandenburg, in the county of Meade.
An act to change the time of the meeting of the legislature of
Kentucky.
An act to authorise the establishment of a road from Ilarrods-
burg to the Lexington road from Bardstown, and for other pur-
^ An act for the benefit of Morgan Forbes’ heirs and Clark IMc-
Afee’s heirs.
An act authorising the several county courts ot this Common¬
wealth to permit gates to be erected on certain public roads.
An act tor the benefit of Daniel M. Kittenger.
All act to authorise ( lerks. Sheriffs, J usticcs, and Constables,
the collection of their fees from those about to leave this Common¬
wealth. . . ^ J
An act prescribing a mode for vacating judgments recovered
against or in favor of deceased persons.
An act to establish the town of Taylorsville, in Spencer county,
and giving the trustees thereof certain powers.
An act to establish a road from Louisville to the state line, in
a direction to Knoxville. , r.v
An act changing the boundary lines of the 72d Regiment ot the
Kentucky Militia. .
An act to change the place of voting at the Claysville precinct,
in Harrison county, and for other purposes.
An act for the benefit of David Short.
An act to improve the road leading from Monticello to the state
Jan. ai.J HOUSE OF REPRESENTATIVES. 391
line, in a direction to Monroe, Tennessee, and the road from Co¬
lumbia, by Creelsburg, to the state line.
An act for the benefit of >'achel Welden, jailor of Bracken
county.
An act to authorise the sale of a street in Russellville.
An act for the benefit of the sheritfs of Gallatin, Pendleton, and
Bath counties.
An act for the benefit of Sally Sjiillman; and.
An act for the benefit of Jane Tibbs and Greenberry Tibbs, of
Laurel county.
Ordered, That the Clerk inform the Senate thereof.
Mr. Chilton, from the select committee, appointed for that
purpose, reported a bill to incorporate the Elizabetown'Savings
Institution; which was received and read the lirst time, and or¬
dered to be read a second time.
And thereupon the rule of the house, constitutional provision,
and second reading of said bill having been dispensed with, tiie
same was referred to the committee for courts of justice.
Air. Ewing, from the committee for courts of justice, to whom
was referred a resolution from the Senate, fixing on a day for the
election of public oflicers, a I’resident and Directors of the Bank
of Kentucky, and a President and Directors of the Bank of the
Commonwealth: reported the same without amendment.
Tlie said resolution was then amended and concurred in.
Ordered, That the Clerk inform the Senate thereof.
And then the house adjourned.
THURSDAY, JANUARY 1833.
1. The Speaker laid before the house the petition of Jane Wil¬
son, widow of John F. Wilson, deceased, and guaidiaii of his in¬
fant children, ten in number, representing that said John F. Wil¬
son died possessed of a small tract of land, in the county of Frank¬
lin; that the same cannot be divided among the several heirs with¬
out great prejudice to the interests of all, and praying that a law
may pass to authorise the sale of said land, that the proceeds
thereof may be equally divided among the children and widow of
said John F. Wilson.
2. Mr. Chilton presented the petition of the Brandenburg Aca¬
demy, in Aleade county, representing that by an act of 1831 six
thousand acres of land were granted said Academy, to be located
on the vacant lands in the county of Meade, and that after dili¬
gent search, the agents appointed for that purpose by said trus¬
tees, have reported that no vacant land can be found within the
limits of said county, and praying the passage of a law to author-
JOURNAL OF THE
10 tote said ^utol, of land on vacanl and onapp,.-
year 1831, since which time, ^session of said slave;
made, he has been unable to lec ..r Lni slave, he has been
and that, apprel.onding “ ,, TJ 11 the rigid,
induced, to advance the interest of to le-
titlo, and chance of said slave: praying the poassage
galize said sale. nf sundry citizens of Green,
4. Mr. Allen presented the pctilionj' oooronriation of money
Plart, and Barren counties, praying t c ‘ PP„ ^ River, from
be made to remove obstructions in the Little Bar.
its mouth to the mouth °5:pion of Charles, a free man of
5. MivRutler presented U cjjd ,
■frdaErt?frce negroes, and that he be permitted to reside
children. riplition of T.ydia Jones, widow
7. Mr. Woolley presented P"| /„oes, praying that
of Thomas G. Jones, and the c 11 ^gj-tain slaves belonging
a law may pass to aiuhoiise 1 ^ divided advantageously,
to them, which they repreacn 11“’ j^gd the reading dispensed
^Yhich petitions severally rece v^d,^tlm ru
with, and referred Ihe irs , s ’ j committee on inter-
mittee for courts of justme; J^gg gf propositions and
Voolley, .1. White, ^ .g announcing their dis-
agfeSfo biUs which orighiated h. this house, of the follow-
for the further relief end benef,. of the o.lmlnUtrator
The passage of bills, which originated in tins House,
'"twrcl'To provide for the i.oprovemeut of Ihe roads io ccri.io
counties.
.■■.TCH ' I v: jjjf
tat- I ,:,1
Jan. 94.J HOUSE OF REPRESENTATIVES.
An act for the henefit of Flora N. E. Harding.
An act for tli« benefit of Stephen Marcum.
An act for the benefit of the infant heirs of Thomas Frazer,
deceased.
An act for the benefit of tlie infant heirs of Casper Hinton.
An act to incorporate a Rail Road Company from Bardstown
to Louisville.
An act concerning the town of Adairsville.
An act to incorporate the City of Maysville: with amendments
to the four latter bills.
The passage of bills of the following titles:
An act for the benefit of the devisees of John Branigan.
An act to authorise the Secretary of State to distribute certain
military books.
An act further to enlarge the powers of the trustees of the town
of Ilarrodsburg.
Resolutions concerning the opening and improving the naviga¬
tion of Cumberland and Kentucky rivers.
Resolutions concerning the opening and improving the naviga'-
tion of Green and Big Barren rivers.
And their concurrence in the amendment proposed by this
house to a resolution from the Senate, fixing on a day for the ad¬
journment of the General Assembly; and in the amendment pro¬
posed to a resolution fixing on a deiy for the election of public of¬
ficers.
Mr. D. White, from the joint committe, appointed to examine
the Bank of the Commonwealth of Kentucky, made the follow¬
ing report:
The joint coiinnittee appointed to examine the Bank of the Common¬
wealth of Kentucky, report;
That on the 22d inst. they attended at the Bank and examined the
books of the institution, and as fur as they are able to judge, found them
correctly kept and in good order, and shewed an amount of cash onliand ot
.!j^l39,152. The committee then proceeded to count the inonev, and found
it to correspond with the amount shewn by the books. The committee
report, that a considerable portion of the notes arc in a mutilated condi¬
tion and unfit for circulation, and that ^100,(300 of the notes may be burn¬
ed in the course of the present year, and leaver an aitundance to atiswer
any demands which the present Legislature m.iy create on the Bank. The
committee also report, that in their opinion, there is no further necessity
for the Directors of said Bank, and that a laiv ought to pass to dispense
withthe Directors, and commitihe whole naanagementof the Bank to the
President, Cashier and principal clerk, and beg leave to report the fol¬
lowing resoliuions:
Z2
Resohcd, h;i the GrnemI Asscmbl:; of the Vommonweaiwvj
That !lie Presiiieiit and Cashier of the Bank of the Coininonw eahh of
Kentir. ky, shall, on or before ihe first Monday in Fchrnary next, in the
presence of the Auditor and Treasurer, proceed to count and destroy, by
burnins, fifty thousand dollars of the notes of said Bank, that have been
withdrawn from circulation; and on or before the first Monday in De¬
cern; jir next, that the sum of fifty thousand dollars more, of the notes of
said Bank, be destroyed, by burning, unt’er the same regulation as the
first fifty thousand dollars, and that such notes be selected, in both in¬
stances, as have been most defaced.
Rcsohed, For the purpose of regulating the Directors of said Bank,
the coinraiitee have leave to report u bill.
And thereupon the rule of the house having been dispensed
with, the said resolutions was twiioc read and adopted.
Ordered, That the Clerk carry the said resolutions to the senate
and renuest their concurrence. , ^ c .
The bill reported by said committee was then read the hrst
time, and ordered to be read a second time.
And thereupon the rule of the house, constitutional provision,
and second reading of said bill having been dispensed with, the
same was committed to the committee for courts of justice.
]Mr. Seaton, from the select committee appointed for that pur¬
pose, reported a bill to amend an act entitled, an act to amend the
law in relation to public roads in certain counties; which was re¬
ceived and read the first time, and ordered to be read a second
time. . ,
And thereupon the rule of the house, constitutional provision,
and second and third readings of said bill having been dispensed
with, and the same being engrossed:
Resolved, That the said bill do pass, and that the title thereoi
be as aforesaid. , c . i
Ord.e.re.d, That the Clerk carry the said bill to the Senate and
request their concurrence.
A bill to amend the law establishing the turnpike and wilder¬
ness gates; was read a second time, and laid on the table until the
first day of June next.
The following bills were severally read a second time, and oi-
dered to be engrossed'and read a third time, viz:
1. A bill for the benefit of Stephen Tudor.
2. A bill to increase the salary of the judge of the fifth judi
cial district, and for other purposes.
And thereupon the rule of the house, constitutional piovision,
and third reading of said bills having been dispensed with, anU
the same being engrossed; , ,
Resolved, That the said bills do pass; that the title of the ns
295
Jan. ‘Jl.] HOUSE OF REPRESENTATIVES.
be as aforesaid; and that of the second be “an act to provide for
the appointment of an additional judge to the tilth judicial dis¬
trict.”
Ordered, That the Clerk carry the said bills to the Senate and
request their concurrence.
Air. Prince, from the joint committee of enrolments, reported
that the committee had examined enrolled bills ol the following
titles, and had found the same truly enrolled, viz;
An act to amend an act organizing a Fire Company in the town
of Augusta.
An act to revive and continue in force an act to establish tlm
town of Vanceburg, in Lewis county, approved January 2-1, iS27,
and foi- other purposes.
An act to incorporate the Franklin Insurance Company.
An act to amend an act entitled, an act to estaljlish an election
precinct in Pendleton county, approved .lanuary '29, ISSO, and for
other purposes.
An act to authorise the establishment of a library in Pwockcas-
tlc county, and for other purposes.
An act to amend the road laws, so far as respects the county ot
Alason.
An act for the benefit of the heirs of Richard Shanklin.
An act to allow the Sherili’of Madison to return his delinquent
list in certain cases.
An act for the relief and benefit of Eleanor Jewel).
An act for the benefit of Benjamin Tobin.
An act for the benefit of the clerk of Perry county.
An act to permit the trustees of Columbus to allow mills and
ware-houses to be built ki the commons of said town.
An act to appoint trustees of the Washington Academy.
An act for the divorce of Alary Richardson.
An act to protect the actual settlers in the land district West
of the Tennessee river. t
An act to amend the laws concerning Transylvania University.
An act to enlarge the town of Aladisonville.
An act to legalize tiie proceedings of the (murt of Assessment
of fines of the '20th Regiment of Kentucky Militia.
An act for the benefit of the heirs of John Nall, Jr.
An act further to regulate the town of Springfield, in Wash¬
ington county.
An act to appropriate a part of the vacant lands lying be¬
tween Walker’s line and tlie latitude 30° 30' North, in the State
of Tennessee, for the purpose of improving and finishing the road
leading from Monticello, Wayne comity, to the state line, in a di¬
rection to Jacksborough and to Barbmirsville.
An act for the benefit of Willicim Butler, clerk of the Alonroe
county and circuit courts.
JOURNAL OF THE
An act appointing Trustees to the Glasgow Academy.
An act to provide I'or copying and preserving certain records
belonging to the office of the surveyor of Harlan county.
An act to permit the sale of two small tracts of land belonging
to Nancy Uulin, an idiot.
An act for the benefit of William Davis, of W hitley county.
An act for the benefit of the legatees of Puchard Allen, de-
An^act concerning the public library, and for tlic election of a
Librarian.
I, the Speaker affixed Ins signature thereto.
. inform the Senate thereof.
' ' rovide for the ordinary
was read a third time.
then inoved and seconded to lay the said bill on the
it was decided in the
Whereupon.
Ordered, That Mr. Prince
An engrossed bill entitled, an act to pr
expenses of the government ’ " ‘
It was t’.._.—- —- '
table.
And the question being taken thereon,
negative. , , c' ■
The yeas and nays being required thereon, by Messrs. Gorin
and Green, w'ere as follows:
YEAS—Messrs. Abell, Allen, A. Anderson, S. II. Anderson, Bow¬
ling, Bramlett, Chilton, Collins, Cock, Copeland, Crow, Culley, David¬
son, Davis, English, Ewing, Ford, Fiilton,Gorin,Hayden,Heady, Hughes,
Lockhart, McDonald, Maxey, May, Montgomery, Murray, Nuttall, Oz-
born, Patteison, Pierce, Prince, Riffe, Sanders, Scrivner, Shanks, Simp¬
son, D. T. Srailh, W. Thomas, Thompson, J. Williams, D. White, J.
White, Yates, S. Young, and T. I. Young—47.
NyYS—M r. Speaker, Messrs. Beil, Boone, Brown, Butler, Churchill,
Covington, Delaney, Dunlap, Faris, Gaines, Green, Harris, Harruson,
Hauser, Hazelrigg, Henry, Hiil, Innis, Jett, G. W. Johnston, W. John¬
son, Kennedv, Lee, Lucas, McAfee, M-Fall, Marshall, Matson, Megow-
aiq^Meriwetiier, B. S. Morris, D. Morris, Pendleton, Pickett, Pryor,
Rudd, Seaton, Shepherd, Short, E. Smith, W. Smith, Southgate, Steven¬
son, B. F. Thomas, Thruston, Wicklitfe, S. Williams, anff Woolley—R'.
It was then moved and seconded to fill the blank in said.bill
with “10 cents,” as the amount to be collected annually, on each
® too w'orth of property, listed for taxation.
And the question being taken thereon, it was decided in the
The yeas and nays being required thereon, by Messrs. Collins
and Chilton, were as follows;
yeas _ ^Mr. Speaker, Messrs. Bell, Boone, Brown, Butler, Covington,
D.mlap, Gaines, Green, Harris, Harrison, Hauser, Hazelrigg, Henry,
Innis, Jennings. Jett, G. W. Johnston, W. Johnson, Kennedy, Lee, Lu-
397
cas, McAfee, Marsliall, Matson, Meriwetlier, B. S. Mon is, D. Morris,
Pickett, Pryor, Rudd, Seaton, Sliepherd, Slior*, W. Smith, Southgate,
Stevenson, Tliruston, Wickiifie, Woolley, and Yates—^41.
NAYS—Messrs. Abell, Allen, A. Anderson, S. II. Ander.son, Bow¬
ling, Bramlett, Chilton, Churchill, Collins, Cook, Copeland, Crow, Cul-
ley, Davidson, Davis, Delaney, English, Ewing, Paris, Ford, Fulton,
Gorin, Hayden, Heady, Hiii, Hughes, Lockhart, McDonald, McFall,
Ma.vey, May, Montgomery, Morgan, Murra)-, Nutlall, Ozhorn, Patter¬
son, Pendleton, Pierce, Rifle, Sanders, Scrivner, Shanks, Simpson, D.
T. Smith, E. Smi h, B. F. Thomas, W. Thomas, Thompson, J. Williams,
S. Williams, D. White, .1. White, S. Young, and T. I. Young—55.
It was then moved and seconded to postpone the further consid¬
eration of said bill for the present.
And the question being taken thereon, it was decided in the
negative.
The yens and nays lieing required thereon, by Messrs. McAfee
and Green, were as follows, viz:
YEAS—Mr. Speakek, Messrs. Abell, Allen, A. Anderson, Bell, Bow¬
ling, Bramlett, Chilton, Davis, Delaney, Paris, Ford, Fulton, Heady,
Hill, Lockhart, McAfee, McDonald, M'Fall, Maxey, JMay, Morgan,
Murray, Nuttall, Ozborn, Pendleton, Prince, Rudd, Sanders, E. Smith,
W. Thomas, J. Williams, D. White, Yates, and S. Young—35.
NAYS—Messrs. S. H. Anfierson, Boone, Brown, Butler, Churchill,
Collins, Copeland, Crow, Covington, Culley, Davidson, Dunlap, English,
Ewing, Gaines, Gorin, Green, Harris, Harrison, Hayden, Hauser, Ha-
zelrigg, Henry, Hughes, Inni.-, Jennings, Jett, G. W. Johnston, W. John¬
son, Kennedy, Lee, Lucas, Marshall, Matson, Meriwether, Mon'goniery,
B. S. Morris, D. Morris, Patterson, Pickett, Pierce, Pryor, Rifle, Scriv¬
ner, Shanks, Shepherd, Short, Simpson, D. T. Smith, IV. Smith, South-
gate, Stevenson, B. F. Thomas, Thompson, Tliruston, Wickiifie, S. Wil¬
liams, J. White, Woolley, and T. I. Young—GO.
Mr. Pierce then moved to lay the said bill on the table until
the lirst day of June next.
And the question being taken thereon, it was decided in the
aflirmativc.
The yeas and nays being required thereon, by Messrs. Pierce
and Chilton, were as follows:
YEAS—Messrs. Abell, Allen, A. Anderson, S. II. Anilerson, Bow¬
ling, Bramlett, Chilton, Churchill, Collins, Copeland, Crow, Culley,
Davidson, Davis, English, Ewing, Paris, Ford, Fulton, Gorin, Hayden,
Heady, Hill; Hughes, Jett, Lockhart, McDonald, M' Fall, Ma.xcy, May,
Montgomery, Morgan, Murray, Nuttall, Ozborn, Patterson, Pendleton,
JtvV
I
JOURNAL OF THE
Pierce, Prince, lliffe, Snndern, Scrivner, Shnuks, U. i • on
us, Thompson, S. W.lliums, .1. White, ">• B r
NAYS— Mr. Sfeakek, Messrs. Bell, Boone, lo ,
ton, Delaney, Dunlap, Oaines, Green, Harris.
rierg, Henry, Innis, Jennings, G. W. Johnston, ^ <« >nsoi
ul L..O... McAfee. »*“>''». “""".'’"’J, ’
Morris, Pickett, Pryor, Rudd, Seaton, Shepherd, Sho t
Smith, W. Smith, Southgate, Stevenson, B-F-
liffe, J. Williams, D. White, Woolley, and Yatcs-46.
Mr. Abell, from the majority on the vote hy which
wtis laid on the table until the hrst day of June next,
consideration of said vote. ,
And the question being taken thereon, tt
aflirmative. ,,
The }eas and nays being required thereon, by
and Green, were as follows, viz:
YEYS— Mr. Speaker, Messrs. Abell, Bell, Boone, Bt
Butler, Covington, Delaney, ^>“"'"1’’Green, IIai™>
Heady, Henry, Innis, Jennings, Jett, G. W. John. , •
nedy, Lee, Lucas, McAfee, McDonald, Matson Menwet
ory^B. S. Morris, D. Morris, Murray, Nuttall, Ozborn, I
ett Pryor, Rudd, Seaton, Shepherd, Short, ^ ‘
S udiga^ B. F. Thomas, Thruston, Wickliffe, J. Willn
Yates, and S. Young 52. , „ r
j^AYS-Messrs. Allen, S. H. Anderson, Bramlett, C
Copeland, Crow, Davidson, Davis, English, Ewing, Far.
Gales, Gorin, Hayden, Hazelrigg, Hill, ’
Maxey, Mav, Morgan, Pemlleton, Prince, Rifle, Sa
Shanks, D. T. Smith, W. Thomas, Thompson, S. Will
and T. I. Young—37.
The consideration of said bill was then post
Anligrossed bill entitled, an ^ct to provi J for
accounts of the treasury wjth the Btmk of the C
was read a third time.
Mr. Green then moved to amend said bill by
the following engrossed clause, hy way of ryder, t
And after the said accounts shall have been bait
ier of the said hank shall not make any furthei
treasury, except in pursuance of law.
And the question being taken thereon, it wa.
affirmative.
390
Jan. 24.] HOUSE OF REPRESENTATIVES.
T!ie yeas aiid nays being required thereon, by' Me:ssrs. Green
and Cliilton, were as follows, viz:
YEAS—Mr. Speakeu, Messrs. A. Anderson, Boll, Boone, Bowling,
Brown, G.peland, Crow, Delaney, Dunlap, Fulton, Gaines, Gorin, Green,
Harris, Harrison, Hauser, Hazelrigg, Henry, Innis, .Tett, V . Johnson,
Kennedy, Lee, Lucas, McAfee, M Donald, Matson, Meriwether, Mont¬
gomery,' B. S. Morris, D. Morris, Nuttad, Pickett, Prince, Rudd, Seaton,
Shepherd, Short, Simpson, W. Smith, Southgate, Stevenson, Thruston,
Wickiiffe, Ya:es, S. Young, and T. 1. Young-4S.
]\AYS—Messrs. Al.ell, Alien, S. II. Anderson, Bramlett, Butler, Chil¬
ton, Collins, Covington, Davidson, Davis, English, Ewing, Faris, Ford,
Hayden, Heady, Hill, Hughes, Jennings, G. W. Johnston, Lockhart,
Ma.xey, May, Megowan, Morgan, Murray, Ozhorn, Patterson, Pendle¬
ton, Pierce, Pryor, Riffe, Sanders, Scrivner, Shanks, D. T. Snath, E.
Smith, B. F. Thomas, W. Thomas, Thompson, J. William.?, S. Williams,
D. White, and J. White—44.
Mr, S. Williams then moved farther to amend said bill by ad¬
ding thereto the following engrossed clause, by way ot ryder, viz:
Be it further enacted. That said Cashier shall pay to or hand
over to the treasurer of this state any sum of money which may
be in the Commonwefilth’s Bank, at 'any time when called on by
the Treasurer, for the purpose ot paying the amount of any war¬
rant or warrants which may be drawn on the Treastirer by the
Auditor of Public Accounts, for any demand which the govern¬
ment owes; and said Treasurer is hereby directed to draw on the
Cashier of said bank, at any time, for the purposes aforesaid.
And the question being taken on the adoption of said amend¬
ment, as a ryder to the bill, it was decided in the negative.
The yeas and nays being required thereon, by Messrs. S. Wil¬
liams and E. Smith, were as follows:
YEAS—Messrs. S. II. An lersoii, B.itler, Chilton, Collins, Crow, Cov¬
ington, Davidson, Davis, Ewing, Faris, Ford, Heady, Hill, Hughes, Jen¬
nings, G. W. Johnston, Lockhart, Maxey, Megowan, Meriwether, Mor¬
gan, Murray, Patterson, Pendleton, Pierce, Pryor, Riffe, Sanders, Scriv-
ner, Shanks, D. T. Smith, E. Smith, B. F. Thomas, Thompson, J. Wil¬
liams, S. Williams, and J. White—37.
nays—M r. Speaker, Messrs. Abell, Allen, A. Anderson, Bell, Boone,
Bowling, Bramlett, Brown, Copeland, Delaney, Dunlap, English, Fulton,
Gaines, Gorin, Green, Harris, Harrison, IlayUen, Hauser, Hazelrigg,
Henry, Innis, W. Johnson, Kennedy, Lee, Lucas, M' Afee, M, Donald,
Matson, Montgomery, B. S. M nris, D. M rris, N irtall, Ozhorn, Pickett,
Prince, Rudd, Seaton, Shepherd, Short, Simpson, W. Smith. Southgate,,
400 JOURNAL OF THE [Jan. 25.
Stevenson, W. Thomas, Thruston, Wicklifib, D. White, Yates, S. Young,
and T. I. Young—53. ., , -ii , • u
The qudstion was then taken on the passage of said bill, which
was decided in the affirmative. nveen
The yeas and nays being required thereon, by Messis. Licen
and McAfee, were as follows:
YEAS-Mr. Spe.vker, Messrs. S. II. Anderson, Bell, Boone, Brown,
Chilton, Collins, Copeland, Crow, Covington, Davis, En^hsh, Ewing,
Ford, Gaines, Gorin, Green, Hayden, Hauser, Henry, Hi , ng les,
Innis, Jennings, W. Johnson, Lee, Lucas, Maxey, Megowan, Meriweth¬
er, Morgan, B. S. Morris, Murray, Pendleton, Pickett, P'^ce Prince,
Ride, Scrivner, Seaton, Shanks, Short, Simpson, D. T. Smith, . mi i,
W. Thomas, Thompson, Thruston, Wickliile, S. Williams, J. hi e, a es,
and T. I. Young—53.
jyT^^YS—Messrs. Abell, Allen, A. Anderson, Bowling, Brainlctt, But¬
ler, Davidson, Delanev, Dunlap, Paris, Fulton, Harris, Harrison, Hazel-
ri<nr, Heady, Jett, G. W. Johnston, Kennedy, Lockhart, McAfee, Mc-
Dona'd, Matson, May, IMontgomory, D. Morris, Nuttall, Ozborn, Patter¬
son, Pryor, Rudd, Sanders, Shepherd, E. Smith, Southgate, Stevenson,
B. F. Thomas, J. Williams, D. White, and S. Young—39.
Ordered, That the clerk curry the said hill to the Senate and
request their concurrence.
Ordered, That a bill granting certain vacant and unappropria¬
ted lands to the several counties in this Coinmonwcath lor the pur¬
poses therein mentioned—a bill to remove obstructions iii certain
navio-ahle streams in this Commonwealth—and a bill from Uie
Senate, entitled, an act appropriating certain lands for improving
the Cannon Creek road, in Harlan county: be severally laid on
A message from the Governor, by Mr. Sanders, Secretary of
Smaker—l am directed by the Governor to lay before this
FRIDAY, JAjYUARY 25, 1833.
The message communicated by the Governor, on yesterday,
was taken up. read and commited to a select committee of Messrs,
V E. Smith, Gorin, Anderson, J. White, and W. Johnson.
The message communicated by the Governor, on the loth m-
Jan. 25.] HOUSE OF REPRESENTATIVES. 401
stant, was taken up, read and referred to the committee on milita¬
ry affairs.
1. Mr. B. S. Morris presented the petition of sundry citizens of
the counties of Harrison and Bracken, praying that an appropria¬
tion be made to construct a bridge across tlie Licking river, at
Claysville.
2. Mr. W. Johnson presented the petition of the Surveyor of
the county of Scott, pi'aying that a law may pass to authorise him
to execute his official bond, which has been overlooked by him¬
self and the county court of Scott.
3. Mr. Jennings presented the petition of John S. Woollums,
praying a divorce from his wife, Elizabeth Woollums.
4. Mr. Jennings presented the petition of sundry citizens of the
county of Breckenridge, praying that an additional justice of tlie
peace may be allowed said county.
5. Mr. Marshall presented the petition of William O’Bannon,
representing that he has a life estate to a small tract of land, in
Woodford, and which at his death is to be divided among his chil¬
dren: praying that a law may pass to authorise the sale of said
land and the proceeds to be vested in other lands.
Which petitions were severally received, the reading dispensed
with, and referred; the first, to the committee on internal improve¬
ments; the second and fourth, to the committee of propositions
and grievances; the third to the committee of religion; and the
fifth, to the committee for courts of justice.
Leave was given to bring in the following bills:
On the motion of Mr Heady—1. A bill supplementary to an
act entitled, an act to establish the town of Taylorsville, and to
legalize the proceedings of the trustees of said town, approved
Jan. 22, 1833.
On the motion of Mr Ford—2. A bill to appropriate some of
the vacant lands in Butler county for the purposes of internal im¬
provement in said county.
On tlie motion of Mr Prince—3. A bill for the benefit of Eli¬
jah Stevens.
On the motion of Mr Murray—4. A bill to repeal so much of
the law as prohibits the Receiver of Public monies from entering
lands.
On the motion of Mr Nuttall—5. A bill to amend an act en¬
titled, an act authorising the trustees of New-Castle to sell cer¬
tain alleys in said town.
On the motion of Mr Chilton—G. A bill to amend an act enti¬
tled, an act for the endowment of a seminary of learning in the
town of Brandenburg, in Meade county, and for other purposes,
appoved Dec. 23, 1831.
On the motion of Mr W. Thomas—7. A bill to provide for the
improvement of the Nashville road through Allen county.
A3
JOURNAL OF THE [Jan. 25.
[• ]\ir llazelrigg—8. A bill to amend the penal
jiiweallh.
iaines, and Woolley, were directed to prepare
St; Messrs. Ford, Nuttall, and Pendleton, the
ince, Hushes, and Copeland, the third; Messrs,
nd Prince, the fourth; Messrs, Nuttall, Smith,
i; Messrs. Chilton, Hill, and Culley, the sixth;
vays and means, the seventh; and the commit-
s:ice, the eighth.
II the select committee, appointed for that pur-
ill supplementary to an act entitled, an act to
of Taylorsville, and to legalize the proceedings
said town, approved Jan. •2^,1831’.; which was
the first time, and oj dered to be read a second
403
.Jan. 25.j HOUSE OF KFrru:.v>i:.i> . - ---
An act to amend the road laws, so far as respects the county of
“r;ct»,c. .0 e-.-
“’a« iefto-.EK'act orgnniring a Tire Compaa, in the town
That the sent bill do pass, and that the title thereof
be as aforcsaul. ^,,greof.
ThXuse then, after exchang^^^
proceeded to the election o P' Bank of Kentucky, and
Lnths, a President and H‘rectors oM « ban o
a President and same compared by
and after taking several votes and havi g
joint committees of both ‘ d^aly elected for the en-
tees, the following persons were declaied y
suing year, viz: Taaies Hwtdson.
For Trensurcr of the Slate, Aebeut G. Hodges.
S ZClo... Gnonop^A.
P„,idml «/lfe Boat •/ '^"■^‘^“"^"rSu.ts.Noa and
Directors thereof on the part of the btale Ja-i
‘''pS,h^/<nr«T;/<i,a Co.—
""Ews-J '*■ Dtv.I.aoa,T.io.i.. S. Paon, EowanD P. Jam-
KON and Leandek J. Sharp. .
•“ Sin-Vlnls hoaae. of the f.l-
bottom precincts, in Lewis county.
404 JOURNAL OF THE [Jan. 25.
An act to amend an act entitled, an act for the benefit of revo¬
lutionary soldiers.
An act allowing an additional justice of tlie peace to the coun-
ly of Rath, and for other purposes.
An act to provide for laying the levy in certain counties, and for'
other purposes: wdth amendments to the three latter bills.
And the passage of bills of the following titles:
An act concerning Mount-Carmel, in Fleming county.
An act appointing commissioners to view and mark a way for a
road from the state road leading from Lexington to Ghent to the
town of Frankfort.
An act for the benefit of the widow and heir of Walker Thorn¬
ton, deceased.
An act concerning county levies in certain counties.
An act to repeal in part and amend the act incorporating the
Lexington, Chilesburg, and Winchester Road Company.
An act to extend the powers of the road commissioners of Brack¬
en county.
And they adhere to their first amendment proposed to a bill
which originated in this house, entitled, an act to provide for lay¬
ing the levy in certain counties, and for other purposes.
IMr. 1 rince, from the joint committee of enrolments, reported
that the committee had examined enrolled bills of the following
titles, and had found the same truly enrolled, viz:
An act for the benefit of James Blincoe’s heirs.
An act for the benefit of the estate of Henry Ditto, Jr.
An act concerning the town ol Henderson, and for other pur¬
poses.
An act to establish election precincts in Woodford, Graves,
Whitley, and Henderson counties.
An act to authorise persons prosecuted for felony, in the county
of Jessamine, to be confined in the jail of Fayette; and,
A resolution for fixing on a day for the election of public of¬
ficers. ^
Whereupon the Speaker affixed his signature thereto.
Ordered, That the Clerk infoim the Senate thereof.
Mr. Ewing, from the committee for courts of justice, to whom
wms referred a bill to change the time of holding the Butler circuit
court,and for other purposes: reported the same wfith sundry amend¬
ments; which being twice read, were concurred in: and the said
bill, as amended, ordered to be engrossed and read a third time.
And thereupon the rule of the house, constitutional provision,
and third reading of said bill having been dispensed with, and
the same being engrossed:
Rcsohedf Tliat the said l)i]| do pass, and that the title thereof
be amended to read, “an act to change the time of holding cer¬
tain circuit courts, and for other purposes.
Ja.v. 25.] HOUSE OF REPRESENTATIVES.
405
, E'ving, from (he same committee, to whom was reftwreO -•
bill from the Senate, enOtled, an act to I’epeal the law now hi ex
ancroVtlir^el Heacl-right settlers, and to dispose of the bal¬
ance ol the debt due from this class of debtors to the nuruoses of
mints'^ th6 same with sund^-y amend!
ments, Mhich being twice read, were concurred in: and the said
bill, as amended ordered to be read a third time.
i\li. lowing, from the same committee, to whom was referred a
?o T an act to’amend and contnire in
same t fl"* '"Corporate the City of Louisville: reported the
in and e'’"!id1,"ir‘'’ "''‘"I* were concurred
\nH th " ^ ordered to be read a third time
and tlid reT'li”" M constitutional provision,
Rc.oW, nnt the said bill, as aLnded, dJ pass.
the?r ?n^ V ^conte thereof, and request
their concurrence in the said amendments. ^
iUr. Lwing, Irom the same committee, to whom was referred -i
bill to incorporate the Elizabethtown Savings Institufioi report
'» ‘“J' -•»“ W‘1 » »>«
Mga'lfv^ “ "■»* i„ the
A„rL'r„ra,s,';ti ;ri"iw «■ «•
.. "”s“-
1 "• Anderson, Bell, Bowling, Bailer Chil
on, Churchill, Collins, Cook, Copeland, Ci.lley Davis Deww L "
bsh, Lwing, Fans, Fulton, Harrison, Hayden! Haase;, He!dv H ,T
SeT’M "Tf’ McAfee, M.Fall, M'/rHiall
Mdxey, May, Montgomery, B. S. Morris, Murraiy Natiall, Ozborn Pat
terson, Pendleton, Prince Pi vo.- T?.,rii a i ' r. ^orn, i at-
Thr„,..„, s. B. White.U-hCh wXlj;-
^^^rhe ea,d h.ll was then ordetod to be eagtessed „„d read a IbM
¥Lub”l “if Mil’"’ 1 ‘1“"'
Ibe amended to read C ar in ‘'hereof
l^^nd ilarrodsburg Savings Institution.”Eb^^abethtown
JOURNAL or TITE tJ*"-»
bj Mess- ^»"" *;;“' Jb«;|, BowI-s. B amle., Ba.ler,
YEAS-Messrs. &• H- Ue.aney, Enghrh, Ewing,
Chilton, Churthiil, Cook, Cope.d , . Jcniimg-s W.
Fai-i., Fnhon, Hayden, ^Uooald^lar.hail, Matson,
Johnson, Kennedy, Pendlco n, Pvyov, HMd,
Meriwether, Montgomery, Mt a 1, ^ ^
rtSoTT’jC:\v:':L.’.. t,i,», •«—, w,.„,
Vir
0,ee,., It.™™. ““”"® '“ ’
-L.-, T,». U.e ac* c„,.y «.e - BB, to t„e Senaie
request their concurrence. ... ^ whom was referred a
Mr. Etving, from the tame the estalJisBiag
bill to amentl an act ®'t ‘ j Senate, entitleil, an ad
tt'tliKiriS ’of Anna M.da Walth, repotted th.
ind the,capon the ^''“^““blerdispensed tvitltj
■SJ.^eSS i A and that the titles Btered
Ur. Ewing, from ‘ f " i^.], ie; reported the same with
Vill for the heneht oj , • ,.ead, was co'ncurred m: ^nd
an amendment; which J^inS ^ engrossed and read a third
the said bill, as amended, oidei cd to b
‘■'"^IrtSrns blits fete reported tr«m jvetal co.nnnt,*
ihei^^rAW^lSfehren’ett ’of Lewis Strader ..1
’’tSaario-etbeco-yconHofO^^^^^^^^
constables’ districts, so as to leduce
said county to five. mmmittee of propositions and gn
mJ K’innedy-l. A bill to estahlisb an election precinct. ,
Bourbon county. rommittee for courts of justice 5-
By Mr Ewing, from p Thomas Anderson,
hill for the hcnetit of the children oi
6. A bill for the benefit of James W. Ewing. »
Which bills were severally received and read the first time, and
ordcied to be read a second liine. . ^
And thereupon the rule of the house, constitutional provision, '.r:
and second and third readings of the first, third, fourth, fifth and
sixth bills having been dispensed with, and the same being cn- ■ ,1
grossed; ■')
R solved, That the said bills do pass, and that the titles thereof '■{
be as aforesaid. '■i
Ordered, 'I’liat the Clei'k carry the said bills to the Senate and
request their concurrence.
Mr. Ewing, from the committee for courts of justice, to wdiom
was referred a bill from the Senate, entitled, an act to amend the
several acts against unlawful gaming; reported the same without
amendment.
It was then moved that the previous (juestion, viz; “shall the
main questioti (the third reading of the bill) be now put?
And the question being taken on now taking the main question,
it was decided in the negative.
The yeas and nays being required thereon, by Messrs. Harrison
and Green, were as follow^®, viz;
YEAS—Messrs. Allen, Chilion, Cook, Covington, Davidson, Davis,
Delaney, Ewing, Ford, Gorin, Green, II: ghes, Jennings, Kennedy, Lee,
Lucas, B. y. Morris, D. Mo. ns, Murray, Penuieton, Prince, Pryor,
Ride, Scrivner, Simpson, D. T. Smith, B. F. Thomas, W. Thomas, J.
Williams, and S. Willianit—30.
NAYS—Messrs. Ai.ell, S. II. Anderson, Bell, Boone, Bowling, Butler,
Churchill, Collins, Copeland, Gulley, Dunlap, English, Fulton, Gaqies,
Harris, Harrison, Hayden, Hauser, Ilazclrigg, Heally, Lockhart, Mc¬
Afee, McDonald, Marshall, Matson, May, Megowan, iMeriwelher, M. nt-
gomery, Ozborn, Sanders, Seaton, Sheidiei<l, Short, E. Smith, W. Smith,
Southgate, Thompson, Thruston, D. White, J. White, Yates, S. Young,
and T. I. Young—44.
Mr. Gorin again moved that the previous question be now put.
And the question being taken thereon, it was decided in the
affirmative.
And the question was then put on reading the said bill a third
lime, which was decided in the affirmative.
The yeas and nays being required thereon, by Messrs. ChiltoiT
and Green, were as follows:
YEAS—Mr. Speakek, Messrs. Boone, Butler, Chilton, Cook, Cope¬
land, Covington, Davidson, Davis, Delaney, Dunlap, Ewing, Ford, Ful¬
ton, Gaines, Gorin, Green, Hauser, Hughes, Jennings, Jett, W. John-
■son, Kennedy, Lee, Lucas, BIcAfee, McDonald, B. S. Morris, D. Mor-
Jan. 25.] HOUSE OF REPRESENTATIVES.
407
1 -is Murray, Patterson, Pendleton, Pickett, 1 nnce, itnie, oeiivnur, onep-
herd,
lianis, S. Williams, and D. White—45. „ t,
N,^YS—Messrs. ALell, Allen, S. II. Anderson, Bell, Bowling, Bram-
lett, Churchill, Collins, Culley, English, Paris, Harris, Harrison, Hay¬
den, Hazelrigg, Heady, Hill, Marshall, Matson, Ma.xey, May, Meri¬
wether, Montgomery, Morgan, Ozborn, Pryor, Sanders, Seaton, Shanks,
Short, Southgate, Stevenson, B. F. Thomas, Thompson, Thruston,J.
White, S. Young, and T. I. Young—38.
Mr. Harrison, from the committee on education, to whom was
referred a hill to incorporate the Trustees for the Crittenden
School, in Franklin county: reported the same with sundry amend¬
ments; which being twice read, were concurred in : and the said
hill, as amended, ordered to be engrossed and read a third time.
And thereupon the rule of the house, constitutional provision,
and third reading of said bill having been dispensed with, and
tlip Stimc bGiris engrossed i i . • i r
Resolved, That the said bill do pass, and that the title thereof
be amended by adding thereto the words, “and the I\ew Provi¬
dence School, in Mercer county.”_
HOUSE OF REPRESENTATIVES,
and third reading of the second bill having been dispensed with,
and the same being engrossed:
Resolved, That the said bill do pass, and tliat the title thereof
be as aforesaid.
Ordered, That the Clerk carry the said bill to the. Senate and
request their concurrence.
The following bills which had been referred to the said com¬
mittee, for amendment, were severally reported therefrom by INlr.
Ewing, viz:
1. A bill to amend the law in relation to landlords and tenants.
2. A hill from the Senate, entitled, an act limiting the time for
which persons may be held to bail for their good behaviour.
3. A bill to regulate the compensation of the Clerks of the Sen¬
ate and House of Representatives.
4. A bill to repeal an act entitled, an act for the benefit of Hen¬
ry G. Mitchell and Ezekiel Jenkins, approved Jan. 12, 1825.
5. A bill to prohibit the county couris from granting license to
free persons of colour, and for otiier purposes.
. G. A hill from the Senate, entitled, an act to amend the la\V'
concerning cliamperty.
7. A bill from the Senate, entitled, an act to amend the law
regulating proceedings in cases of ejectments and forcible entries
and detainers.
8. A bill to amend the charter of the Bank of Kentucky and
of the Bank of the Commonwealth of Kentucky; the three for¬
mer with amendments, and tlic five last without amendment; and
said bills were placed in the orders of the day.
Mr, Green, from the committee of ways and means, to whom
were referred the following bills, viz:
1. A bill to provide for the appropriation of fines and forfeit¬
ures in the county of Jetferson.
2. A bill from the Senate, entitled, an act for the benefit of the
Cumberland Hospital.
3. A bill from the Senate, entitled, an act to provide the mode
of paying the state’s subscriptions in incorporated companies.
4. A bill from the Senate, entitled, an act to provide for the
location of the Lexington and Ohio Kail Road through the City
of Louisville, and for other purposes: reported the first with an
amendment, and 'the three last without amendment. The said
bills were then placed in the orders of (he, day.
Mr. Chilton, from the committee on internal improvements, to
whom was referred, for amendment, hills of the following titles:
1. A bill to alter and amend the hiws of this Commonwealth
in relation to roads.
2. A bill to improve the navigation of Big Sandy river.
3. A bill to improve the road from i.exing'on to the J'louth of
Big Sandy, through Winchester, Mount Sterling, and Owingsville.
JOURN VL OF THE
[Jan. 25.
4. A bill appropriating ^250 towards building a bridge over
Elkhorn. , . i r r
5. A bill to turnpike Muldrow’s bill on the main road from Lex¬
ington to Aashville. and for other purposes.
t). A bill to provide for tne improvemc nt of the road from r rank-
fort via l.awrcnceburg, Harrodsburg, Danville, and Stanford, to
the C rab Orchard. , , -i i -i
7. A bill to amend the law establishing the turnpike and wil¬
derness road: reported the said bills without amendment. Ihe
first six bills were placed in the orders of the day, and the sev¬
enth was laid on the table.
The following bills were reported from the several committees
appointed to prepare and bring in the same, viz:
By Mr F.wing, from the committee for courts of justice 1. A
bill to amend the law in relation to guardians.
By Mr Green, from the committee of ways and means—2. A
bill for the improvement of the public roads in Monroe, Allen,
and Barren comities; and, c. • r t
By Mr E. Smith—3. A bill for the benefit of the heirs of Jas.
Rucker, deceased. ,c
Which bills were severally received and read the first time, and
ordered to be read a second time.
On the motion of Mr. C hilton:
Orrir.red, That the committee on internal improvements be dis¬
charged from the further consideration of the following petitions,
and that the same be laid on the table, viz:
The petition of sundry citizens of Gallatin county, in relation
to the state road from Lexington to Ghent or A evay.
The petition of sundry'citizens of Laurel county, in relation to
Moore’s road in said county. , ,,, ,, .
The petition of sundry citizens of Pendleton county,
an alteration in the state road leading from Frankfort to Neville,
The petition of sundry citizens of Harlan county, praying the es¬
tablishment of a turnpike gate on the ro-.d leading from the Cum¬
berland bord, byway of Harlan court-house, to the A irginia line,
The petition of sundry citizens of Jefferson county, praying the
-erection of a bridge across < ong run, in said county.
The petition of sundry citizens of this Commonwealth, in rela¬
tion to the Sandy road; and.
The petition of sundry citizens of this Commonwealth, praying
the re-establishment of the old road leading from the Lincoln
county line to the Cioose Creek Salt works. (la
Mr Allen, from the committee on military affairs, reporiea a
bill to provide for collecting and preserving tlie public arm-,
which was received.
And then the house adjourned.
Jan. 2G.] HOUSE OF REPRESENTyVTIVES. 411
SATURDAY, JANUARY m, 1833.
A message was received from the Senate announcing tlieir dis¬
agreement to a bill which originated in this bouse, entitled, an act
to exempt additional property from execution.
1 he passage of bills, which originated in this house, of the fol¬
lowing titles;
An act for the benefit of Fanny Richardson and her children;
and.
An act authorising the sale of the slaves of infants; with an
amendment to the latter bill.
The passage of tlie preamble and resolutions which originated
in the Senate, in relation to the public lands, the Bank ot the Uni¬
ted States, and the deposites of the treasury—the objections of the
Governor to the contrary' notwithstanding.
And that the Senate had received official information that the
Governor did, on the ■2.5tli instant, approve and sign enrolled bills,
which originated in the Senate,of the following titles, viz;
An act to amend the laws concerning Transylvania University.
An act to protect the actual settlers in the land district West
of the Temiessee river.
An act to appoint trustees to the Washington Academy.
An act for the divorce of Mary Richardson.
An act to permit the trustees of Columbus to allow mills and
ware-houses to be built in the commons ol said town.
An act for the benelit of the clerk of Perry county. -
An act for the benefit and relief of f^leanor Jewell.
An act for the benefit of Benjamin Tobin.
An act for the benefit of the devisees of Richard Shanklin.
An act to allow the SherilF of Madison to return his delinquent
list in certain cases.
An act to appropriate a part of the vacant lands lying be¬
tween Walker’s line and the latitude 36*^ 30' North, in the State
of Tennessee, for the purpose of improving and finishing the road
leading from Monticello, Wayne county, to the state line, in a di¬
rection to Jacksborough and to Barboursville.
An act for the benefit of William Butler, clerk of the Monroe
county and circuit courts.
An act concerning the public library, and for the election of a
Librarian.
An act for the benefit of the legatees of Richard Allen, de¬
ceased.
An act to enlarge the town of Madisonville.
An act to legalize the proceedings of the Court of Assessment
of fines of the 20th Regiment of Kentucky' Militia.
An act for the benefit of the heirs of John Nalle, Jr.
mu
lif
JOURNAL OF THE
413
An act to regulate the town of Springfield, in Washington
Ai/act to permit the sale of two small tracts of land belonging
to Nancy Dulin, an idiot.
An act for the benefit of William Davis, of Whitley county.
An act to provide for copying and preserving certain records
belonging to the office of the surveyor of Harlan county; and,
An act appointing Trustees to the Glasgow Academy.
Mr. Prince, from the joint committee of enrolments, reported
that the committee had examined enrolled bills oi the following
title's, and had found the same truly enrolled, viz;
An act for the benefit of Flora N. E. Harding.
An act for the benefit of Stephen Langford.
An act for the benefit of the infant heirs of Thomas Frazer,
deceased. . .
An act to provide for the improvement of the roads in certain
counties; and,
An act for the benefit of Stephen Marcum.
AVhereupon, the Speaker affixed his signature thereto.
Ordered, That Mr. Prince inform the Senate thereof.
A bill from the Senate entitled, an act to divide the state into
congressional districts: was read a second time.
It was then moved and seconded to commit the said bill to a
committee of the whole house for Wednesday next.
A division of the question was called for, and the question first
put on committing the bill to a committee of the whole house;
which was decided in the affirmative.
The yeas and nays being required thereon, by Messrs. Gaines
and Hauser, were as follows, viz;
YEAS—Mr. Speakeb, Messrs. Abell, Allen, A. Anderson, Bell, Bow¬
ling, Bramlett, Butler, Churchill, Crow, Culley, Delaney, Dunlap, Eng¬
lish, Paris, Fulton, Harris. Hayden, Ilazelrigg, Heady, Henry, Innis,
Jett, G. W. Johnston, W. Johnson, Kennedy, Lee, Lockhart, Lucas, Me-
Afee, McDonald, Marshall, Maxey, May, Montgomery, D. Morris, Mur¬
ray, Nuttall, Ozborn, Pickett, Rudd, Sanders, E. Smith, Stevenson, W,
Thomas, J. Williams, S. Williams, D. White, Woolley, S. Young, and
Jan. 26.J HOUSE OF REPRESENTATIVES. 413
T!ic question was then put upon committing the said hill for
Wednesday next.
And the question being taken thereon, it was decided in the
affirmative.
The yeas and nays being required thereon, by ^lessrs. Gaines
and Southgate, were as follows, viz;
YEAS—Mr. Speaker, Messrs. Abell, Allen, A. Anderson, Bowling,
Rramlett, Butler, Churchill, Copeland, Crow, Culley, Delaney, Dunlap,
English, Faris, Ford, Fulton, Harris, Hayden, Hazelrigg, Heady, .lett,
G. W. Johnston, W. Johnson, Kennedy, Lee, Lockhart, Lucas, McAfee,
McDonald, Marshall, Ma.vey, May, M uitgomery, D. Morri.=, Murrfiy,
Nuttall, Ozborn, Patterson, Pickett. Rudd, Sanders, Simpson, E. Smith,
Stevenson, W. Thomas, Thruston, S. Williams, D. Wliiie, Woolley, S.
Young, and T. I. Young—52.
NAYS—Me.5srs. S. H. Anderson, Bell, Boone, Brown, Chilton, Col¬
lins, Cook, Davidson, Davis, Ewing, Gaines, Gorin, Green, Harrison,.
Hauser, Henry, Hill, Hughes, Jennings, M'-Fall, Matson, Megowan,
Meriwether, Morgan, B. S. Morris, Pendleton, Pierce, Prince, Pryor,
Scrivner, Seaton, Shanks, Shepherd, Short, D. T. Smith, Southgate, B.
F. Thomas, Thompson, WicklifFe, J. Williams, J. White, and Yates—42.
On the motion of Mr. Gorin;
Leave was given to bring in a bill to authorise the insertion of
advertisements in the “Commonwealth,” a paper to be printed in
Frankfort; and the committee for courts of justice was directed
to prepare and bring in the same.'
A bill from the Senate, entitled, an act to prevent the circula¬
tion of certain bank notes; was read a second time.
- It was then moved and seconded to lay the said bill on the
table until the lirst day of June next.
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon, by Messrs. Megow¬
an and Harris, were as follows, viz;
YEAS—Messrs. Bell, Bowling, Bramletf, Crow, Covington, Culley,
English, Faris, Ford, Harris, Hayden, Hazelrigg, Hauser, Heady, Hen¬
ry, Hughes, Lockhart, M"Afee, M-D maid, Maxey, May, Montgomery,
Murray, Nuttall, Ozborn, Pendleton, Prince, Pryor, Rudd, Sanders, Sca-
'ton, E. Smith, Southgate, Stevenson, D. White, and Yates—3(1.
NAYS—Mr. Speaker, Messrs. Al ell, S. H. Anderson, Brown, Butler,
Chilton, Churchill, Collins, Cook, Copeland, Davidson, Davis, Delaney,
Dunlap, Ewing, Fulton, Gaines, Gnrin, Green, Harrison, Hill, Jennings,
G. W. Johnston, Kennedy, Lee, Lucas, Marshall, Matson, Megowtm,
Meriwetlier, Morgan, B. S- Morris, D. Morris, Patterson, Pickett, Scriv-
114
JOURNAL OF THE
[Jan. 26.
Tier, Shanks, Shepherd, Slna-t, Simpson, D. T. Smith, B. F. Thomas, W.
Thomas, Thompson, Thrusion, Wicklifll , J. Williams, S. Williams, J.
White, Woolley, S. Young, and T. 1. Young—"-2.
The said bill was then committed to the committee of ways and
A resolution from the Senate, authorizing the public libiarian
to have certain acts of assembly bound: was taken up, twice read
and adopted. , /•
Ordered, That the Clerk inform the Senate thereol.
The following bills, from the Senate, were severally read the
first time, and ordered to be read a second time, viz:
1. An act to amend the law prohibiting the importation of slaves
into this state. ^ ^
2. An act for the benefit of Spencer Curd’s representatives.
3. An act to authorise the trustees of the town of Richmond
to levy a tax to McAdamize the streets. . ^ ,
4. 'An act for the relief of the heirs of Irancis P. Hord, de-
5. An act to authorise an additional subscription, on behalf of
the Commonwealth, in the capital or joint stock of the Maysville,
Washington, Paris, and Lexington Turnpike Road Company, and
to amend the several acts incorporating said company.
6. An act to authorise an additional subscription, on behalt ol
the Commonwealth, in tlie stock of the Board ol Internal Improve¬
ment for Shelby county, and for other purposes.
7. An act to appropriate a sum of money for Ihe purpose ol im¬
proving the navigation of the Cumberland river, at Smith s shoals,
and the Big South Fork of said river up to the coal banks.
8. An act providing for settling the accounts with the keeper ol
the Penitentiary. ^ *i r ii.
9. An act to remove the obstructions to navigation at the lalls ol
Green river, and for other purposes.
And thereupon the rule of the house, constitutional provision,
and second and third readings of the second, third, fourth ahd
eighth bills having been dispensed with:
Resolved, That the said bills do pass, and that the titles thereol
he as aforesaid. , „ ^
Ordered, That the Clerk inform the Senate thereol.
The house proceeded to consider the amendments proposed by
the Senate to a bill from this house, entitled, an act to incorporate
a company to establish a turnpike road from the City ol Louis¬
ville, by the mouth of Salt river, Elizabethtown, iWunfordsvil e,
and Bowlinggreen, to the state line, in a direction
Which being twice read, the first, second, third, bflh, seventh
ami eighth were disagreed to; and the fourth, sixth, ninth, tenin,
eleventh, twelfth and thirteenth concurred in.
415
Jan. 26.] HOUSE OF REPIIESENTATIVES.
The fourteenth amendment proposed by the Senate to said bill,
together with the lirst section of said bill, to which said amend¬
ment applies, tvere then read as follows:
Sec. 1. Be it enacted bij the General Assembly of the tornmon-
wp.alth of Kentucky, That a company be, and the same is hereby
formed, for the purpose of making a road from the City of 1-ou-
isville, by the mouth of Salt river^ Elizahethtozvn^ Munfirdsvillc, on
Green river, Bozdinggreen, ami to the state line, in a direction to
Nashville, Tennessee, under the name and style of the Louisville
Turnpike Hoad ('ompany.
Amendment.—Strike out the words printed in italics.
The question w'as then taken on concurring in the said amend¬
ment of the Senate, which was decided in the negative.
The yeas and nays being required thereon, by Messrs. Ford
and Chilton, were as follows, viz:
YEAS—Messrs. Abell, S. H. Anderson, Bowling, English, Ewing, Pa¬
ris, Foil', Creen, Hauser, Hazelrigg, .let*, Lockhart, McAfee, McDon¬
ald, B. S. M inis, Murray, Nuttall, Ozhoyn, Prince, Sanders, Shepherd,
Short, Simpson, D. T. Smith, Southgate, W. Thomas, Thompson, J. Wil¬
liams, D. White, Yates, and T. 1. Young—31.
NAYS—Mr. Speaker, Messrs. Ailen, A. Anderson, Boone, Brown,
Butler, Chilton, Churchill, Collins, Cook, Copeland, Crow, Culley, Da¬
vidson, Davis, Delaney, D inlap, Fulton, Gaines, Gorin, Harris, Harri¬
son, Hayden, Heady, Henry, Hii., Hughes, Lmis, Jennings, G. W. John¬
ston, W. Johnson, Lee, Lucas, M Fall, Marshall, Matson, Maxey, May,
Megowan, Meriwether, Montgomery, Morgan, D. Morris, Pendleton,
Pickett, Pierce, Pryor, Rudd, Scrivner, Seaton, Shanks, E. Smith, B. F.
Thomas, Thruston, Wicklifte, S. Williams, J. White, Woolley, and S.
Young—59.
The fifteenth and sixteenth amendments were then disagreed to.
Mr. ]). White then moved to lay the said bill and amendments
on the table.
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon, by Messrs. McAfeu
and Chilton, were as follows: \
YEAS—Messrs. Abell, Allen, A. Anderson, S. H. Anderson, Bow¬
ling, Bramlett, Brown, Crow, Davidson, English, Ewing, Fulton, Green,
Harris, Hayden, Hauser, Hazelrigg, Heady, Hughes, McAfee, McDon¬
ald, May, Megowan, Montgomery, Morgan, B. S. Morris, Nuttall, Oz-
born, Patterson, Pendleton, Prince, Sunders, Scrivner, Shanks, Shep¬
herd, Simpson, D. T. Smith, Southgate, D. White, and T. I. Young—40.
NAYS—Mr. Spe.vker, Messrs. Boone, Butler, Chilton, Cook, Cope-
41G
JOURNAL OF THE
[Jan. 2C.
land, Covington, Ciillcy, Davis, Deliiney, Dunlap, Faris, Gaines, Gorin,
Harrison, Henry, Hill,,Innis, Jennings, G. W. Johnston, Kennedy, Lee,
Lockhart, Lucas, McFall, Marshall, Matson, Meriwether, D. Morris,
Pickett, Pierce, Pryor, Rili'e, Seaton, Short, E. Smith, B. F. riiornas, W.
Thomas, Tlidtiipson, Thruslon, Wickliffe, J. VVilliams, S. Williams, J.
White, Woolley, Yates, and S. Young—‘18.
The seventeenth amendment proposed by the Senate to said
bill, was then I'etid as lollows, viz:
Add to the bill as additional sections:
Sec, 29. Be it farther enacted, That when the sum of fifty thou¬
sand dollars shairbe subscribed in stock, by individuals, the Gov¬
ernor is tiuthorrsed to subscribe for the sum ol fifty thousand dol¬
lars in slock in said coiporalion, on hehall of the Commonwealth;
and whenever the l^residont and jManagers of the corporation shall
certify to the Governor that any amount has been paid on behalf
of the individual stockholders, the Auditor is directed to draw up¬
on the Treasurer, in favor of said President and Managers, for
the like amount, to be paid on behalf of the Commonwealth, from
time to time, until the whole amount of the state’s subscription
shall be paid. , , , „
Sec. 3J. Be it further enacted, That the Commonwealth shall
have the right to vote at all elections for President and Managei-s,
and to give the number of votes that the amount of stock held by
her may entitle her: the said riglit to be exercised in the same
manner as is done in other turnpike corporations in which the
Commonwealth holds an interest.
Mr. Crow then moved to amend the said amendment by strik¬
ing out the whole thereof, after the enacting clause, and inserting
in lieu thereof the following:
That therc.shall be, and is hereby appropriated, out of the mo¬
ney in the Rank of the Commonwealth, the sum of two hundred
thousand dollars, for the improvement of the roads, navigable
streams, make and repair bridges and public highways, in this
Commonwealth, to be apportioned among the several counties in
proportion to the number of voters in each county: the propor¬
tion of each county to be paid to the order of llie county court of
each county. And it shall be the duty of the i resident and L),-
rectors to pay to the order of each county court its due propor¬
tion of the two hundred thousand dollars aforesaid according to
the foregoing rate.
Be it further enacted. That the county courts of the several
counties lying on, or contiguous to, any of the turnpike roads ot
this Commonwealth, shall have full power, a majority of all the
justices of the peace in commission in each county concuiiing
therein, to subscribe such portions as may be allowed to such conn-
Jan. 26.J HOUSE OF REPRESENTATIVES. 417
y
lies for stock in such road or roads, or such parts thereof as they
may deem proper.
Be it further enacted. That the several county courts of this Com¬
monwealth shall, and tliey hereby have fi 11 power and authority
to apply their respective portions in such manner as they may
deem proper, to efl'ect the objects of this act.
And the question being taken on adopting the proposed amend¬
ment, it was decided in the negative.
Tlie yeas and nays being required thereon, by Messrs. Crow
and Chilton, were as follows, viz:
YEAS—Messrs. Abell, Allen, A. Anderson, Bowling, Brown, Cope¬
land, Crow, Davidson, Delaney, English, Ewing, Ford, Fulton, Hayden,
Hauser, Hazelrigg, Heady, Hughes, Jet^, Lockhart, McAfee, McDon¬
ald, McFall, Maxey, May, Megowan, Meriwether, Montgomery^ Mor¬
gan, Nuttall, Ozborn, Patterson, Prince, Sanders, Scrivner, Shepherd,
D. T. Smith, Southgate, W. Thomas, Thompson, J. Williams, and T. I.
Young—42.
NAYS—Mr. Speaker, Messrs. S. H. Anderson, Boone, Butler, Chil¬
ton, Cook, Covington, Culley, Davis, Dunlap, Faris, Gaines, Gorin,
Green, Harris, Henry, Hill, Innis, Jennings, G. W. Johnston, Kennedy,
Lee, Lucas, Marshall, B. S. Morris, D. Morris, Murray, Pendleton, Pick¬
ett, Pierce, Pryor, Rudd, Seaton, Shanks, Short, Simpson, W. Smith, B.
F. Thomas, Thruston, Wickliffe, S. Williams, D. White, J. White, Wool-
ley, Yates, and S. Young—46.
Mr. Butler moved the previous question; and the question be¬
ing put, shall the main question be now put? it was decided in the
aftirmative.
The yeas and nays being required thereon, by Messrs. McAfee
and-, were as follows:
YEAS—Mr. Speaker, Alessrs. S. II. Ander.son, Boone, Brown, But¬
ler, Chilton, Co(jk, Copeland, Covington, Culley, Davidson, Davis, Eng¬
lish, Faris, Gaines, Gorin, Green, Harrison, Hazelrigg, Henry, Hill, In¬
nis, Jennings, Jett, G. W. Johnston, Kennedy, Lee, Lucas, McFall, Mar¬
shall, Maxey, Meriwether, Morgan, B. S. Morris, D. Morris, Pendleton,
Pickett, Pierce, Pryor, Rudd, Seaton, Shanks, Short, Simjison, E. Smith,
B. F. Thomas, W. Thomas, Thompson, Thruston, S. Williams, J. IVhite,
Woolley, and Yate.s—53.
N.4YS—Messrs. Abell, Allen, A. Anderson, Bowlins, Crow, Delaney,
Ewing, Ford, Fulton, Hayden, Hauser, Heady, Hughes, Locldiart, Mc¬
Afee, McDonald, May, Megowan, M nigomery, Murray', Nuttall, Oz¬
born, Patterson, Sanders, Scrivner, Shepherd, D. T. Smith, Southgate,
J. Williams, D. White, and T. I. Young—31.
C3
The main question, viz: concurring m saiti s .
ment of the Senate, was accordingly put, and dccic
^^^Tlie >cas and nays being required thereon, by H
and {.'hilton. were as follows:
YEAS—ilr. Speaker, Messrs. Butler, Chilton, Cook,
in.-ton, Cuilev, Da i; , D.aiiap, Faris, Gorin, Harrison,
nis, Jennings, G. W. Johnston, Kennedy, Lee, Luca.s, it
Meriwether, B. S. Morris, D. M rris, Pieketr, Pierce, 1
ton, Short, E. Smith, B. F. Thomas, Tliruston, Wickhtk
Wiiite, W.K)Uey,an.t Yates—30. ott ^
NAYS— Messrs. A'uell, Aden, A. Anderson, S. 11. I
Bowlin"-, Brown, Crow, Davidson, De.aiiey, English, 1
ton Gaines, Green, Hayden, Hauser, Hazelrigg, Heai
Lolkharq McAfee, M Donald, M Fall, May, Mcgow
M..rgan, Mirray, Nuttall, Ozborn, Patterson, Pendle
ders, Scrivner, Shanks, Shepherd, Simpson, D. P. Sini
TUnmns. Thompson, J. Williams, J. White, &• oung,
through Winchester, Mount Sterling, ana uwingsvme, lo me
mouin of Big Sanely. ,
Their concurrence in the amendments proposed by this house
to bills from, the Senate of the following titles:
T^n act to incorporate the Louisville and Bonharbour Coal Com-
^'^An aTu’o amend and continue in force an act to incorporate the
City of Louisville. • .o *
And the passage of a bill, entitled, an act to authorise the trus¬
tees of Cynthiana to close an alley in said town.
The amendments proposed by the Senate to bills which origin¬
ated in this house, of the following titles, were twice read and
concurred in, viz:
An act to incorporate a Rail Road Company from Bardstown
to Louisville. r , j ■ -n
An act concerning the town of Adairsville.
An act to incorporate the ( ily of Maysville.
An act to amend an act entitled, an act lor the beneht of revo¬
lutionary soldiers. .... ,
An act allowing an additional justice of the peace to the coun¬
ty of Bath, and for other purposes.
An act to appoint additional justices of the peace and consta¬
bles in certain counties and for other purposes.
An act authorising the sale ot the slaves of infants.
Ordered^ That the Clerk inform the Senate thereof.
The house took up the amendments proposed by the Senate tc
a bill which originated in this house, entitled, an act to authorise
the annointment of clerks in vacation: which being twice read
JOURNAL OF THE
10. An act to repeal in part and amend the act incorporating
the Lexington, Chilesburg, and Winchester Road Compan}'.
11. An act to extend the powers of the road commissioners of
Bracken county.
L2. An act to provide for improving the roads in the counties
of Floyd and Perry.
13. An act to appropriate a part of the vacant lands in Laurel
county to make a road from London to the mouth of Big Laurel,
and for other purposes.
14. An act to authorise the trustees of Cynthiana to close an
alley in said town.
And thereupon the rule of the house, constitutional provision,
and second and third readings of said bills having been dispens¬
ed with, (the second, twelfth and thirteenth excepted, the latter
being amended and ordered to a third reading:)
Resolved, That the said bills, with the exceptions aforesaid, do
pass.
Ordered, That the Clei-k inform the Senate thereof.
A resolution from the Senate, concerning the opening and im¬
proving the navigation of Cumberland and Kentucky rivers: was
twice read and amended, by inserting the words, '•'■and Licking
river.’’''
The question was then taken on concurring in the said resolu¬
tion, as amended, which was decided in the affirmative.
The yeas and nays being required thereon, by Messrs. S. Wil¬
liams and E. Smith, were as follows:
YEAS—Mr. Speaker, Messrs. Allen, S. H. Anderson, Bates, Bell,
Boone, Bramlett, Brown, Chilton, Churchill, Cook, Covington, Culley,
Davis, Delaney, Dunlap, English, Ewing, Paris, Gaines, Gorin, Green,
Harris, Hayden, Hauser, Hazelrigg, Henry, Hill, Innis, Jennings, Jett,
G. W. Johnston, W. Johnson, Kennedy, Lee, Lucas, McDonald, Matson,
Maxey, May, Megowan, Meriwether, Morgan, B. S. Morris, D. Morris,
Ozborn, Patterson, Pendleton, Pickett, Pierce, Rifle, Rudd, Seaton,
Shanks, Shepherd, Short, Simpson, D. T. Smith, E. Smith, Southgate,
Stevenson, B. F. Thomas, W. Thomas, Thompson, Wickliffe, S. Wil¬
liams, J. White, Woolley, and Yates-^69.
NAYS—Messrs. Abell, Bowling, Collins, Copeland, Crow, Davidson,
Harrison, Heady, Hughes, Lockhart, McAfee, Montgomery, Nuttall, and
S. Young—14.
Ordered, That the Clerk inform the Senate thereof, and rettuest
their concurrence in said amendment.
A resolution from the Senate, concerning the opening and im¬
proving the navigation of Green and Big Barren rivers: was twice
read.
Jan. 28.] HOUSE OF REPRESENTATIVES.
421
It was then moved, by Mr. Ileadv, to amend said resolution by
inserting in the tirst resolution, “anrf Salt river, and the Beech and
Rolling forks.
And the question being taken on the adoption of the proposed
amendment, it was decided in the negative.
The yeas and nays being required thereon, by Messrs. Heady
and Gorin, were as follows, viz;
YEAS—Messrs. Abell, Allen, Bowling, Bramlett, Churchill, Collins,
Crow, Culley, Delaney, English, Ford, Fulton, Harrison, Hayden, Ha-
zelrigg. Heady, Hughes, G. W. Johnstim, W. Johnson, Kennedy, Lock¬
hart, McAfee, McDonald, Matson, Maxey, May, Meriwether, Montgom¬
ery, B. S. Morris, Nuttall, Ozborn, Patterson, Sanders, Shepherd, Short,
Stevenson, J. Williams, D. White, J. White, S. Young, and T. I. Young
—41.
NAYS—Mr. Speaker, Messrs. S. H. Anderson, Bates, Bell, Boone.
Butler, Chilton, Cook, Copeland, Davidson, Davis, Dunlap, Ewing, Fa-
ris, Gaines, Gorin, Green, Harris, Hauser, Hill, Innis, Jennings, Jett,
Lee, Lucas, Megowan, Morgan, D. Morris, Pierce, Pryor, Rifle, Rudd,
Scrivner, Seaton, Shanks, Simpson, D. T. Smith, E. Smith, Southgate,
B. F'. Thomas, W. Thomas, Thompson, Wickliffe, S. Williams, Woolley,
and Yates—40.
The question was then taken on the adoption of said resolution,
wdiich was decided in the atllrmative.
The yeas and nays being required thereon, by Messrs. Heady
and-, were as follows:
YEAS—Mr. Speaker, Messrs. Allen, S. H. Anderson, Bates, Bell,
Boone, Bramlett, Brown, Chilton, Cook, Covington, Culley, Davidson,
Davis, Delaney, Dunlap, Ewing, Paris, Ford, (mines, Gorin, Green,
Harris, Hayden, Hauser, Hazclrigg, Henry, Hill, Innis, Jennings, Jett,
G. W. J'.piston, Kennedy, Lucas, Marshall, hPatson, Maxey, May, Me¬
gowan, Morgan, B. S. Morris, D. Morris, Pickett, Pierce, Pryor, Riffe,
Rudd, Scrivner, Short, Simpson, D. T. Smith, E. Smith, Southgate, B. F
Thomas, W. Thomas, Thompson, Wicldifle, S. Williams, D. White, J.
White, Woolley, and Yates—62.
NAYS—Messrs. Auell, Bowling, Churchill, Copeland, Crow, English.
Fulton, Harrison, Heady, Hughes, W. Johnson, McAfee, M'-Donald,
Meriwether, Montgomery, Murray, Nuttall, Ozborn, Patterson, Sanders,
Shepherd, Sievenson, J. Williams, and S. Young—24.
Ordered, That the Clerk inform the Senate thereof.
A bill from the Senate, entitled, an act to erect a house of pub¬
lic worship in the town of jMount Vernon, Rockcastle county: was
read the first time as follows, viz:
mm
ifi
T
JOURNAL OF TTIE [Jan. ‘JS-
General Assemhln of the Commonwealth
ourt of lluckcasile, a majority of all the
.T therein, shall have power anil author-
house, on the public square, in M . ml
of religious worship, which shall be open and
preachers of the gospel, under such
the trustees hereinafter provided shall ordain
the event of leave to erect a
•rill, John B. Dysart,
, Samuel M. Dysart,
, and Schuyler Barnett, be
to contract for the erec-
weeks after such grant is
ajority of whom
chairman, elect a clerk,
of said meeting.
Be it enacted 61 / the
That the county
commission concurring
the erection oi' a h
Sec. 1
of Kentuchrj,
justices in
ity to permit
Vernon, for the purpose
free of access to all teachers or
rules and regulations as
and establish.
Sec. 2. Be it further enacted, That in
house for public worship, James McCall, James Ten
John A. Moore, Richard Randalls, Mason C. Miller,
Josiah Joplin, James Fish, Samuel Wilson
and they are hereby appointed commissioners,
tion of said house. They shall, within four -
obtained, meet at the court-house in Mount Vernon, a mi
shall have power to transact business, appoint a
who shall keep a fivithful record of the proceedings
They shall have power to open books of subscription m any pai of said
county, payable to the clerk of said board, or his successor; the said
subseJ-iptLs, when they shall exceed ten dollars, shall be made pay¬
able b/instalrnents, as said commissioners may direct, by order emei
ed of record before the books are opened, but for sums ^
dollars shall be collected at any time within six months after such
_ „,„1 . 1,0 clerk is hereby authorised to collect the same
423
Jan. 28.] HOUSE OF REPRESENTATIVES.
Sec. 6 . Be it further enacted, That when the commissioners shall
have received said house, it shall be the duty of the county court ol
Rockcasile to a,)puint five discreet and orderly men as trustees, who
shall have power and audiority, and it shall be their duty to [lerniit a
school to be taught in the same, five days in the week, in the place ol
a seminary for said county. They shall appoint a keeper ot said house,
who shall have charge of the same, under such rules and regulations
as said trustees may direct; and for his services, the trustees, under the
direction of their clerk, are authorised to raise and collect, by subscrip¬
tion, any sum they may think a just equivalent for his services annu¬
ally. ■
Sec. 7. Be it further enacted. That the appointment of trustees by
tlie county court, a majority present concurring, shall be annually, at
the court of claims; and they shall have power, from time to time, to
fill any vacancy.
Sec. 8 . Be it further enacted, That it shall be the duty of the trus¬
tees to appoint a chairman and clerk, who shall keep a record of their
proceedings, at each meeting, which shall be at least once in every
three months, at the court-house in Mount Vernon, a majority ot whom
shall transact business: Provided, however, That they shall have pow¬
er to pass such by-laws, subject to be annulled by the order of the
county court, a majority of all the justices concurring, as they deem
necessary for the preservation of said house and the government of the
same, not inconsistent with the laws ot this state or the United States.
And the question being taken on reading the said bill a second
time, it was decided in the negative: and so the said bill was re¬
jected.
The yeas and nays being required thereon, by Messrs. Green
and E. Smith, were as follows, viz:
YEAS—Messrs. Abell, Allen, S. II. Anderson, Bell, Branilett, But¬
ler, Churchill, Davidson, Davis, Ewing, Fulton, Gaines, Gorin, Harris,
Hauser, Hazelrigg, G. VV. Johnston, Lucas, Marshall, Matson, May,
Morgan, Nattall, Rifte, Rudd, Sanders, Scrivner, Short, D. T. Smith, E.
Smith, Stevenson, B. F. Thomas, W. Thomas, Thompson, S. Williams,
J. White, and Woollej-—37.
NAYS—Mr. Speakei!, IMessrs. Bates, Boone, Bowling, Brown, Chil¬
ton, Collins, Copeland, Crow, Covington, Delaney, English, Ford, Green,
Harrison, Heady, Hill, Hughes, Jett, W. Johnson, Kennedy, M. Afee,
McDonald, Ma.xey, Megowan, Meriwether, M nlgomery, B. S. Morris,
Ozhorn, Patterson, Pendleton, Pierce, Seaton, Shanks, Shepherd, Simp¬
son, Southgate, Wicklilfe, D. White, and Yates—40.
424 JOUIVNAI. OF THE [Jan. 28.
Mr. Prince, from the joint committee of enrolments, reported
that the committee had examined an enrolled resolution and bdls
of the followins: titles, and had found the same truly enrolled, mz:
Resolutions in relation to the road leading irom Lexington
through Winchester, Mount Sterling, and Owingsville, to the
mouth of Big Sandy; and, _ ,
An act to change the places of voting in Everett s and Forman s
bottom precincts, in Lewis county.
An act to establish an election precinct in the county oi llcnr}.
An act for the benefit of Fanny Richardson and her children.
An act to incorporate the l.ouisville and Bonharbour Coal toin-
’^'"An act for the relief of the heirs of Anna Maria Walsh.
An act for the benefit of William P. Smith, John J. Smitln
Francis J. Hopkins and others. , .i n
An act to authorise tlie Clarke circuit court to decree the sale
of two and an half acres of land, devised to Wm. S. Downy aiic
An act to enlarge and explain the powers of the Trustees o
the town of Frankfort. .
An act to amend an act entitled, an act to incorporate the Cih
""^An acTfor’the relief of William Cecil and Benedict Morehead
An act to authorise the Bourbon county court to levy a tax oi
the lands of the county. ^ _
An act for the benefit of the representatives of James Honakei
An act providing for settling the accounts with the keeper c
AnTcffor relief of the heirs of Francis P. Hord, deceasec
AVhereupon the Speaker affixed his signature thereto.
OrdcrerL That Mr. Prince inform the Senate thereof.
Jan. 28.] HOUSE OF REPRESENTATIVES. 425
Tile yeas and nays being required thereon, by Messrs. S. H.
Anderson and Green, were as folloivs:
YEAS—Mr. Speaker, Messrs. Abell, Allen, Boone, Bramlett, Cob
lins, Copeland, Crow, English, Paris, Ford, Harrison, Hayden, Hazel-
rigg, Heady, Hughes, Lockhart, McFall, Marshall, Matson, Maxey,
May, Montgomery, Nuttall, Pierce, Pryor, Rudd, Sanders, Seaton,
Short, Southgate, B. F. Thomas, Thruston, S. Williams, J.‘White, and
Yates—30.
NAYS—Messrs. S. 11. Anderson, Bates, Bell, Bowling, Brown, But¬
ler, Chilton, Churchill, Cook, Covington, Colley, Davidson, Davis, De-*
laney, Dunlap, Ewing, Fulton, Gaines, Gorin, Green, Harris, Hauser,
Henry, Hill, Innis, Jennings, Jett, W. Johnson, Kennedy, Lee, I.ucas,
McAfee, McDonald, Meriwether, Morgan, B S. Morris, D. Morris, Mur¬
ray, Ozborn, Patterson, Pendleton, Pickett, Prince, Riffe, Scrivner,
Shanks, Shepherd, Simpson, D. T. Smith, E. Smith, Stevenson, W.
Thomas, Thompson, Wickliffe, J. Williams, D. W’hite, and Woolley
—58.
Mr. S. H. Anderson then moved to amend said bill by adding
thereto the following engrossed clause, by way of ryder, viz;
Be it further enacterJ, That any person who shall be convicted
of playing and betting upon any game of “pol'®G” or other game
of cards, shall be lined the sum of $T00, to be recovered by in¬
dictment or presentment in any court having jurisdiction of such
offence.
And the question being taken on the adoption of the ryder afore¬
said, it was decided in the negative.
The yeas and nays being required thereon, by Messrs. S. H.
Anderson and Boone, were as follows:
YEAS—Messrs. Abell, Allen, S. H. Anderson, Boone, Bowling, Bram¬
lett, Brown, Collins, Crow, Culley, English, Harris, Hayden, Heady,
Hill, Lockhart, McFall, Marshall, Matson, Montgomery, Nuttall, Ozboin,
Pierce, Riffe, Sanders, Seaton, Shanks, Southgate, Stevenson, B. F.
Thomas, Thompson, Thruston, S. Williams, J. White, and Yates—35.
NAYS—Mr. Speaker, Messrs. Bates, Bell, Butler, Chilton, Churchill,
Cook, Copeland, Covington, Davidson, Davis, Delaney, Dunlap, Ewing,
Paris, Ford, Fulton, Gaines, Gorin, Green, Harrison, Hauser, Hazel-
rigg, Henry, Hughes, Innis, Jennings, Jett, G. W. Johnston, W, Juhn-
sgn, Kennedy, Lee, Lucas, McAfee, McDonald, May, Meriwether, Mor¬
gan, B. S. Morris, D. Morris, Murray, Patterson, Pendleton, Pickett,
Prince, Pryor, Rudd, Scrivner, Shepherd, Short, Simp.son, D. T. Smith,
E. Smith, W. Thomas, Wickliffe, J. Williams, D. White, Woolley, and
S. Young—59.
JOURN VL OF TTIl'
The question was then taken on the passage oi s.uu om, \Miieu
was decided in the aflirmative.
The veas and nays being required thereon, by Messrs. Oreen
«nd Woolley, were as follows, viz:
YEAS—Messrs. Bell, Boone, Brown, Butler, Chilton, Churchill, Cook,
Covington, Davidson, Davis, Delaney, Dunlap, Ewing, Fulton, Gaines,
Gorin, Green, Hauser, Henry, Hughes, Innis, Jennings, Jett, Kennedy,
Lee, Lucas, McAfee, M Donald, Meriwether, Morgan, B. S. Morris, D.
Morris, Murray, Patterson, Pendleton, Picket*, Prince, Pryor, Riffe,
Scrivner. Shanks. Sheiiherd, Simpson, D. T. Smith, E. Smith, VV. Thorn-
Jan. 28.J HOUSE OF REPRESENTATIVES. 427
The thirteenth section of said bill, having been amended, was
read as follows, viz:
Sec. 13. Be it further enacted, That so soon as ten thousand shares of
said capital stock shall be subscribed as aforesaid, and the sum of live hun¬
dred thousand dollars or upwards ot said stock actually paid in, in gold
or silver, or the notes of the Bank of the United States or its branches,
the President and Directors shall notify the Governor of this Common¬
wealth thereof, who is hereby authorised to appoint some suitable per¬
son or persons to examine and count the money so paid in, and take the
written affidavit of the President, and at least six Directors, that said
money has been actually paid in hona fide, as part of the capital stock
of the bank. And upon the Governor being satisfied that the sum here¬
in required has been paid as aforesaid, he is hereby authorised and re¬
quired to subscribe fur, on behalf of the state, ten thousand shares of
the capital stock of said bank; and for the (lurpose of enabling him to
pay for the same, he is require:] to cau.se certifi.;ates or bonds, signed
by the Treasurer, and endorsed by the Auditor, in such form as he may
prescribe, with the seal of each, and countersigned by himself, w'ith the
seal of iie Commonweal'll, to be issued for one miilion of dollars, in
such sums or amounts as he may deem advisable, bearing an annual
interest of not more than five per cent, re leemable in thirty years, the
in'ercst of which shall be paid annually; which said bonds shall be plac¬
ed in the hands of the President and Directors of said bank, and by
■ them negotiateil; for the redemption of which, said bonds or ceit .fi me.s,
the faith and credit of this Commonwealth are lierel.'V pledged.; Prod¬
ded That said bonds shall not be sold for less than their nominal am. amt;
and should they, when sold, command a premium, such premium shall
be paid over into the treasury of this Commonwealth, l.y said President
and Directors: Prodded, further. That the privilege shaU lie reserved,
on the part of the state, to redeem and pay off one third of said sum at
any time after 15 years.
Mr. Seaton then moved to amend said section by striking out
therefrom the words printed in italics.
And the question being taken thereon, it was decided in the
gative.
The yeas and nays being required thereon, by Messrs. Seaton
and Southgate, were as follows:
YEAS—Messrs. S. II. Anderson, Boone, Brown, Collins, Davidson,
Davis, Ewing, Paris, Gaines, Gorin, Green, Marshall, Pcnf’letoii, Scriv-
r, Seaton, Shanks, Simpson, D. T. Smith, B. F. Thomas, W. Thomas,
Wickliffe, D. White, and J. White—23.
428
JOURNAL OF THE
[Jan. 28.
NAYS—Mr. Speaker, Messrs. Abell, Allen, Bell, Bowling, Bramlett,
Butler, Chilton, Chnrehill, Cook, Copeland, Crow, Covington, Colley,
Delaney, Dunlap, English, Ford, Fulton, Harris, Harrison, Hayden,
Hauser, Hazelrigg, Heady, Henry, Hill, Hughes, Innis, Jennings, Jett,
G. W. Johnston, VV. Johnson, Kennedy, Lee, Lockhart, McAfee, Mc¬
Donald, McFaii, Matson, Ma.xey, May, Megowan, Meriwether, Mont¬
gomery, Morgan, B. S. Morris, D. Morris, Nuttall, Ozborn, Patterson,
Pi-.:kett, Pierce, Riffe, Rudd, Sanders, Short, E. Smith, W. Smith, South-
gate, Stevenson, Thompson, Thruston, J. Williams, Woolley, and Yates
— 06 .
Mr. S. H. Anderson then moved to amend said section by ad¬
ding thereto the following words:
Provided, That the scrip or bonds of this state hereby authoriz¬
ed to be issued, shall in no event become the property of any per¬
son who is not a citizen of the United States; nor shall any alien
hold, directly or indirectly, any share or shares of stock in this
corporation; and in case any such alien shall purchase or become
the owner of any such share or shares of stock, his shares, so held,
shall be forfeited to to this state. And any circuit court within
this Commonw'ealth is hereby authorised to make the enquiry and
to pass a judgment or decree of forfeiture.
And the question being taken on the adoption thereof, it was
decided in the negative.
The yeas and nays being required thereon, by Messrs. S. II.
Anderson and Southgate, were as follows, viz:
YEAS—Messrs. S. H. Anderson, Bowling, Collins, Crow, Delaney,
English, Fulton, Gaines, Gorin, Hauser, Hazelrigg, Heady, McAfee,
Maxey, May, Meriwether, Montgomery, Patterson, Riffe, Sanders, Scriv-
ner, Seaton, E. Smith, Stevenson, B. F. Thomas, W. Thomas, J, Wil-
lims, and S. Williams—28.
NAYS—Mr. Speaker, Messrs. Abell, Allen, Bell, Boone, Bramlett,
Brown, Butler, Chilton, Churchill, Cook, Covington, Culley, Davidson,
Davis, Dunlap, Ewing, Faris, Ford, Green, Harris, Harrison, Hayden,
Henry, Hill, Hughes, Innis, Jennings, G. W. Johnston, W. Johnson,
Kennedy, Lee, Lockhart, Lucas, McDonald, McFall, Marshall, Matson,
Megowan, Morgan, B. S. Morris, D. Morris, Nuttall, Ozborn, Pendleton,
Pickett, Prince, Pryor, Rudd, Shanks, Shepherd, Short, Simpson, D. T.
Smith, W. Smith, Southgate, Thompson, Thruston, Wickliffe, J. White,
Woolley, and S. Young—62.
The previous question having been called for and sustained;
the question was then taken on engrossing the said bill and read¬
ing it a third time, as amended, which was decided in the affirma¬
tive.
Jan. 28.] HOUSE OF REPRESENTATIVES. 429
The yeas and nays being required thereon, by Messrs. Ciiilton
and Gaines, were as follows:
YEAS—Mr. Speaker, Me.?sr.s. Abell, Allen, Bell, Bowling, Bram-
Ictt, Chilton, Churchill, Cook, Copeland, Crow, Culley, Delaney, Dun¬
lap, English, Ford, Fulton, Ilarri.^;, IIayden,’Hauser, Ilazelrigg, Heady,
Hdl, Hughes, G. VV. Johnston, W. Johnson, Lee, Lockhart, McAfee,
MeD,)nald, McFall, Matson, May, Meriwether, Montgomery, Morgan,
Nuttall, Ozborn, Patterson, Prince, Pryor, Rudd, Sanders, Shepherd,
E. Smith, W. Smith, Southgate, Stevenson, Thruston, J. Williams, D.
White, and Woolley—51
NAYS—Messrs. S. H. Anderson, Boone, Brown, Butler, Collins, Cov¬
ington, Davidson, Davis, Ewing, Paris, Gaines, Gorin, Green, Harrison,
Henry, Innis, Jennings, Kennedy, Lucas, Marshall, Maxey, Meo-owan
D. Morris, Pendleton, Pickett, Pierce, Riffe, Scrivner, Seaton, Shanks’
Short, Simpson, D. T. Smith, B. F. Thomas, W. Thomas, Thompson,
Wickhffe, S. Williams, J. White, Yates, and S. Young—41.
Mr. Sanders, from the majority on the vote bv which the sev¬
enteenth amendment proposed by the Senate to’a bill which ori
pnated in this house, entitled, an act to incorporate a company
to establish a turnpike road from the City of J.ouisville by the
mouth of Salt river, Elizabethtown, Munfordsville, and Bowling-
green, to the state line, in a direction to Nashville, was reieefed
moved a reconsideration of said vote. ’
And the question being taken thereon, it was decided in the
amrmalive.
The yeas and nays being required thereon, by Messrs. Chilton
and Zanders, were as follows:
1 Sell, Boone, Butler, Chilton, Chur¬
chill, Cook, Copeland, Covington, Culley, Dunlap, Ewing, Paris, Ford
Games, Gorin, Harris, Harrison, Hayden, Henry, Hill, Innis, Jennings!
G W. Johnston, Kennedy, Lee, Lucas, McFall, Matson, Maxey, May!
Meriwether, D. Morris, Pickett, Pierce, Pryor, Rudd, Sanders, Shanks
Sh^ Simpsori, E Smith, W. Smith Stevenson, B. F. Thomas, Thruston.
S. Williams, D. White, Woolley, Yates, and S. Young-51
NAYS-Messrs. Abell, Allen, S. H. Anderson, Bowling, Brown, Col-
hns. Crow, Davidson, Davis, Delaney, English, Fulton, Green, Hauser,
Marshaf’w^^ if'"'’ ^°'’'kl>arf, McAfee, McDonald,
i lar hall, Megowan, Montgomery, Morgan,. Nuttall, Ozborn, Pattersoii!
endleton. Prince, Scrivner, Seaton, Shejiherd, D. T. Smith, Southgate, ’
W. Thomas, Thompson, WicklilTe, J. Williams, and J. White-40.
til amendment was then postponed
JOURN AL OF THE [J'N-
1 and seconded, at 0 o'clock, P. M, that the
being taken thereon, it was decided in the
being required thereon, by Messrs. Matson
were as follows; i r'l
Messrs. All.., Bell, f
li'iilton. Harris, llaytlen,
se took up for consideration a bill t
act to provide for the location of
Road through the City of Louisvilh
ndment having been moved thereto
^/Miock ihon adiourned.
TUESDAY, JANUARY 29, 1833.
i1"«^beTeS the Senate requesti
a bill which originated in ti e Senate, and
yesterday, entitled, an act appointing commi.
irrk a way for a road from^ the sta e road 1
)n to Ghent to the town of brankfort. an
the said inessage. received returning sa
rt Time a message was receivc-u • ” +ii
was received fnim the Senate announcing h
bills w'hich originated in this house, of tlie
■amend an act entitled, an act to
nnsswavs, approved Dec.
Jan. 39.]' HOUSE OF REPRESENTATIVES.
431
An act for the benefit of Stephen Tudor.
An act to establish the town of Alexandria, in the county of
Campbell, and for other purposes.
An act for the benelit of Lewis Strader and David Strader.
The passage of bills, which originated in this house, of the fol¬
lowing titles:
An act to establish an election precinct in Bourbon county.
An act for the benefit of Joseph Norris, surveyor of Scott
county.
An act supplementary to an act to establish the town of Tay¬
lorsville and to legalize the proceedings of the trustees of said
town, approved, Jan. 22, 1833.
An act for the benefit of Eliza Badger.
An act to incorporate the Crittenden School, in the county of
Franklin, and the New Providence School, in the county of Mer¬
cer.
An act to amend an act entitled, an act to amend the law in
relation to opening and repairing the public roads in certain coun¬
ties, approved Jan. 29, 1830.
And the passage of a resolution which originated in the Sen¬
ate, to amend the joint rules of both houses.
And that the Senate insist on their first amendment, proposed
to a bill from this house, entitled, an act to authorise the appoint¬
ment of clerks in vacation; and ask a committee of conference.
Whereupon, a committee was appointed on the part of this
house.
The house resumed the consideration of a bill from the Senate,
entitled, an act to provide for the location of the Lexington and
Ohio Rail Road through the City of Louisvile, and for other pur¬
poses.
The first section of said bill was then read as follows, viz:
Sec. 1. Be it enacted by the General Assembly of the Commomrealth-
of Kentucky, That said President, Directors and Company of the Lex,
ington and Oiiio Rail Road Company shall have the power, under the
charter, to pass through the limits of the said City of Louisville, to the
Ohio river, at such point as they may deem eligible on the Ohio, be¬
low the falls of said river. And if the Mayor and Council of the City
and the said President and Directors of the Rail Road cannot agree up¬
on the proper street through which the said Rail Road shall be located,
then and in that case, it shall and may be lawful for William O. Butler,
of Gallatin county; John L. Hickman, of Bourbon county; George C.
Thompson, of Mercer county; and James Crutcher, of Hardin county,
or any three of them, who arc hereby constituted a board of commis¬
sioners, to designate the site of said Rail Road through the City of Lou¬
isville, paying, in such location, a due regard to the interests and con-
JOURNAl. OF TJIE
venicncGS ct saiU Uity, tiiG pumioguuu, iim-6.-
Kaii Road Company in the location; and the street or site thus designa¬
ted as the location, by the commissioners, shall be, throughout the ity
limits, the locaiion and site of said Rail Road in and through sai city.
Rail Road Company aforesaid to proceed
the location of the commissioners, ac-
such power and authority over
of the road, by the char¬
ities
And it shall be lawful for the
to construct the road agreeable to
cording to their charter, and to exercise
the road, so located, as is given over other parts
ter; and after such location, it shall be the duty of the City author
of Louisville, and all others, to allow said company to progress with t le
hindrance, and to allow said compa-
with all necessary servants, beasts,
to construct the said
r rightfully do upon other
‘ ^ of individuals: Provided^ kowcvcf^ T hat
aforesaid shall proceed to act, they shall take
to faitlifully and impartially
them by this act; and for their servi-
ing the duties enjoined
1 five dollars per day.
Provided, however, That
replace all improvc-
which the rail way shall pass, in
found to be at the time of laying out the
tract itself; and shall moreover, at all
■ee of nuisances to the City;
of the rail road, create any nuisances
, it shall be lawful and proper for the
! it to be done, at the e.xpense and charge
•hich costs and expenses shall be recoverable as oth-
and Ohio Rail Road Corn-
road, on the location, without let or
ny full ingress, egress and regress,
timber.?, stones, &.e. and instruments necessary
road, and to do and perform whatever they may
parts of the road, the property cf ’
before the commissioners :-
an oath before some justice of the jieace,
perform the duties enjoined upon
ces, in travelling and attending to and performii
upon them by this act, they shall severally reeme
to be paid them by the Rail Road Company: ^ .
the Lexington and Ohio Rail Road Company shall
ments in the streets, through and over
the manner in which they are 1-
rail way, except the rail way or
times, keep the rail way in good order and fr
and shall not, by the construction
in the City; and on failure to do so.
Mayor and Council to cause i. --
of said company; wl-
er debts are, due from the said Lexington
pany.
Mr. Thruston then moved to amend Sc
after the words “Ohio river,” in the fifi
section, and inserting in lieu thereof the
Provided, The Mayor and Council of tl
sented to, and agreed with the said Preside
upon the street through which said Rail Rot
the point at which it shall terminal, withi
ed, That on no pretence whatever, shall s
Company liave power to establish any othe
Jan. 29.] HOUSE OF REPRESENTATIVES.
point of termination within said City, to any other [toint or points above
or below such point of termination to the Oliio river; nor shall they
have any right or power, when the jioint of termination shall have been
agreed on as aforesaid, to esfal)lish any lateral ways to the Ohio at any -
point, after said rail way shall have entered the bounds of the City of
Louisville; and power and authority is hereby conferred on the Mayor
and Council aforesaid, to enter into the arrangement with and give the '
consent aforesaid, provided for in this section; and the route or street
and point of termination aforesaid, when thus agreed on and consented
to, shall be forever thereafter the true site and location and point of ter¬
mination of said rail road; and after the route and street and point of ter¬
mination shall have been agreed on, as aforesaid, it shall be lawful for
the said President, Directors and Company to proceed to lay down and
construct their road aforesaid, within said Cit}’, as aforesaid; and it
shall be the duty of said authorities, and all others, to allow the said
company to progress with the said Rail Road, on the location to the
point of termination aforesaid, without let or hindrance, and to allow
them full ingress, egress and regress, with all necessary servants, beasts,
timbers, tools, waggons, &.c. necessary to construct the said road: Pro- r,,
vided, however, That the said company shall be liable by action on the dtA"
case of private individuals, or to the City corporation, for any loss sus¬
tained or injury done to private property or corporate property, by said ''.''V'
Rail Road Company, their agents and servants, and to the public, by ‘ '
indictment, for any nuisance created by them, their agents or servants,
within the bounds of the City of Louisville; And provided, more over,
That tlie said President, Directors and Company shall replace all im¬
provements in the streets which tliey shall have passed across and
through with their rail way, in the same way tliat they were found at
the time of their removal^ except the rail way or tract itself; and shall,
at all times, keep the rail way in good order and free of nuisances to
the said City or the public; and on failure to do so, over and above their
liability to suit and indictment, as aforesaid, the Mayor and Council may
cause said nuisances to he removed at the cost and charge of said Rail
Road Company, which may be recovered from said President, Directors
and Comiiany, by and in the name of the Mayor and Council by any
appropriate suit or action.
A division of the question wms called for, and the question put
on striking out, wliich was decided in the negative.
Tlie yeas and n:iys being required thereon, by Messrs. Thruston
and Woolley, were as follows, viz:
YEAS—Messrs. Allen, Bowling, Bramlett, Chilton,. Churchill, Cook,
JOimNAT. OF THE
, Fulton, Gorin, Ilnrrlpon,
M Afte, M D-.iiiu(l, M' Fall,
P.;n. e, Pryoi,Ritre,
inpson, Thrustun, J.
Copelan-’, C’-^'w. Cnlle>, D vinFon, Deiane
liazelrigg. Heady, Hughes, Lockliar*,
Meriwether, Muntgoinery, Nu'tall, Ozi oin
RI id, S rivner. Shepherd, Shor., W. Sin
Williams, an' S. Youn —>8.
nays—M . Speaker, Messrs
Blown, B liter, Cullins, Covington, Davis,
ris, Ford, Gaines, Green, Harris, 1
Johnson, J_
B. S. Morris, D. Morris, Patterson,
D. T. Smith, E. Smi h, Stevenson, B. F. Tliumas,
S. Williams, D. ' ,
S. H. Anderson, Bates, Bell, Boone,
■' ■ , Dunlap, English, Ewing, Fa-
liauser, Henry, Hill, Innis, Jett, V\ .
Kmmedy, Lucas, Marshall, Matson, May, Megowan, Morgan,
Pickett, Seaton, Shanks, Simpson,
W. Thomas, Wickliffe,
White, J. White, Woolley, and Yates—49.
Tlie said bill having been amended, was then ordered to be
read a third time.
And thereupon the rule of the house, constitutional provision,
and third reading of said bill having been dispensed with:
Resohid, That the said hill, as amended, do pass.
The veas and nays being required on the passage ol said bill,
by Messrs. Thruston and Rudd, were as follows, viz;
yeas _sir. Speaker, Messrs. S. H. Anderson, Bates, Bell, Boone,
Brown, B itler, Collins, Covington, Davis, D.mlap, Ewing, Fans, Ford,
Gaines, Gorin, Green, Harris, Harrison, Hauser, Henry, Innis, Jen¬
nings, Jet% G. W. Johnston, W. Johnson, Kennedy, Lee, Lucas, McAfee,
M Fall, Ma.'shall, Matson, May, Megowan, M- rgan, B. S. M .= rip, D
Morris, PiU erson, Pk kell, Riti'c, Sea on. Shanks, Simpson, D. P. Smith
E. Smith, W. Smi.h, Southgate, S evenson, B. F. Thomas, W. Thomas
Wi k!itle,S. Williams, D. White, J. White, Woolley, and Yates-—57.
nays _Messrs. A: ell, A Icn, Bowling, Bramletl, Chilton, Churchill
Copeland, Crow, Gulley, Daviosoii, Delaney, English, Fulton
H-izelrigg, Heady, Hill, Hughes, Lockhart, M Donald, Maxey, Men
wether, Montgomery, M may, N ittall, Ozttorn, Pierce, Prince, Pryoi
R aid, Scrivner, Shepherd, Short, Thompson, Thruston, and S. Youn-
HOUSE OF REPRESENTATIVES,
October, a complete memorandum, in alphabetical order, of all
the debts due said bank, above one thousand dollars, setting out
the amount due by each individual, with the names of the endors¬
ers, and other security; which memorandum shall at all times be
open to tlie examinalion of any stockholder or stockholders, own¬
ing one hundi'ed or more shares of the stock in his or their own
right.
Mr. Harrison then moved to amend said amendment by adding
thereto the words “or to any citizen of this staled''’'
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon, by IMessrs. Green
and llairison, were as follows;
YEAS—Messrs. S. H. Anderson, Collins, Davidson, Fulton, Harri¬
son, H.ighgs, li.ffe. Shanks, D. T. Smith, B. F. Tltomas, Thompson, and
Yates—1-2.
NAYS—Mr. SvEAKER, Messrs. Ai ell, Allen, Bell, Bonne, B iwling,
Bramlett, Brnvn, BaUer, Cbikoii, ClrnvbiL, Coi k, C >peland. Crow,
Covington, Culley, Davis, Dcianey, D nlap, English, Ewing, Paris,
Ford, Gaines, Gorin, Green, Harris, Hayden, Ha\iser, Ilazelrigg, Hea¬
dy, Henry, Hill, Innis, Jennings, Jerr, G. VV. J.dinstoi!, W. Johnson,
Kennedy, Lee, Lojkhar', Lin as, M'Afce, M D ‘nald,M Fall, Marshall,
Matson, Ma.xey, May, Meriwether, Morgan, B. S. M rris, D. Morris,
Nuttall, Ozborn, Patterson, Pierce, Prin e, Pryor, li ido, S aiders, Sea¬
ton, Shepherd, Short, Simpson, E. Smidi, W. Sini b, Suuthga e, W. 'I'honi-
as, Thruston, Wicklifle, J. Williams, S. Williams, D. Waite, J. White,
Woolley, and S. Young—77.
The thirteenth amendment was then concurred in.
The fourteenth amendment was then read as follows, viz:
Add to the hill:
Sec. 'J-f. That no person shall be eligible to serve as a Direc¬
tor in said bank more than two years in succession, except the
President, who shall at all times be eligible to re-election.
Mr. Ewing then moved to amend said amendment by adding
thereto the following words: »
“dVor shall any Director oive said hank^f directly or indirectly^ at
any one time, more than the sum of §5000, ijy
And the question being taken on adopting the proposed amend¬
ment, it was decided in the negative.
The yeas and nays being reipiired thereon, by Messrs. Ewing
and Thruston, wore as follows, viz:
YEAS—Messrs. Collins, Copeland, Davidson, Ewing, Gaines, Harri¬
son, Hauser, Kennedy, McAfee, B. S. Morris, Patterson, Scrivner, Shep-
436 JOURNAL OF THE [Jan. 29.
herd, Short, Simpson, D. T. Smith, B. F. Thomas, Thompson, J. Wil¬
liams, S. Williams, and Yates—21.
NAYS— Mr. Speaker, Messrs. Abell, Allen, S. II. Anderson, Bates,
Beil, Boone, Bowling, Bramlett, Brown, Butler, Chilton, Churchill, Cook,
Crow, Covington, Culley, Davis, Delaney, English, Faris,Ford, 1* niton,
Gorin, Green, Harris, Hayden, Hazelrigg, Heady, Henry, Hill, Hughes,
Innis, Jennings, Jett, G. W. Johnston, W. Johnson, Lee, Lockhart, Lu¬
cas, McDonald, iMcFall, Marshall, Matson, Maxcy, May, Meriwether,
Montgomery, Morgan, Nuttall, Ozborn, Pierce, Prince, Pryor, Rifle,
Rudd^Sanders, Seaton, Shanks, E. Smith, W. Smith, Southgate, Steven¬
son, W. Thomas, Thruston, Wickliffe, D. White, J. White, Woolley, and
S. Young—70.
The said amendment, and also the remaining amendments, were
then concurred in. , „ , „ r
Ordered, That the Clerk inform the Senate thereof.
The house resumed the consideration of the seventeenth amend¬
ment proposed by the Senate to a bill which originated in this
bouse, entitled, an act to incorpoiate a company to establish a
turnpike road from the City of Louisville by the mouth of Salt
river, Elizabethtown, Munfordsville, and Bowlinggreen, to the
state line, in a direction to Nashville.
The fpiestion Avas then taken on concurring in the said amend¬
ment of the Senate, which was decided in the affirmative.
The yeas and nays lieing required thereon, by IMessrs. Nuttall
and Chilton, were as follows:
YEAS—Mr. Speaker, Messrs. Bell, Butler, Chilton, Churchill, Cook,
Copeland, Covington, Culley, Davis, Dunlap, Faris, Gaines, Gorin, Har¬
ris, Harrison, Henry, Hill, Innis, Jennings, G. W. Johnston, Kennedy,
Lee, Lucas, McFall, Marshall, Matson, Meriwether, B. S. Morris, D.
Morris, Pickett, Pierce, Pryor, Rifle, Rudd, Seaton, Short, Simpson, E.
Smith, W. Smith, B. F. Thomas, Thruston, Wickliffe, S. Williams, D.
White, Woolley, Yates, and S. Young—48.
nays—M essrs. Abell, Allen, S. H. Anderson, Bates, Boone, Bow¬
ling, Brown, Collins, Crow, Davidson, Delaney, English, Ewing, Ford,
Fulton, Green, Hayden, Hauser, Hazelrigg, Heady, Hughes, Jett, Lock¬
hart, McAfee, McDonald, May, Montgomery, Morgan, Murray, Nuttall,
Ozborn, Patterson, Prince, Scrivner, Shanks, Shepherd, D. T. Smifli,
Southgate, Stevenson, W. Thomas, Thompson, J. Williams, and J. White
—43.
Ordered, That the Clerk inform the Senate thereof.
A bill from the Senate, entitled, an act to provide for improv¬
ing the roads in the counties of Floyd and Perry; was read a third
time.
Jan. 29.] HOUSE OF REPRESENTATIVES.
437
Resolved, That the said bill, as amended, do pass.
Ordered, Tliat the clerk inlbrm the Senate thereof, and retpiest
their concurrence in the said amendments.
A message was received from the Senate announcing the pas¬
sage of a bill entitled, an act for the benetit of the Lexington and
Ohio Rail Road Companj; and,
A bill which originated in this liouse, entitled, an act to author¬
ise the qualified voters ol Hickman county to sel ct either Clin¬
ton or Moscow for the permanent seat of'justice of said county:
with an amendment.
A bill from the Senate, entitled, an act to amend the law pro¬
hibiting the importation of slaves into this Commonwealth: was
read a second time.
Mr. E. Smith then moved to amend said bill by adding there¬
to the following proviso, viz:
Provided, That the provisions of this act shall not apply to any
citizen of this Commonwealth, who shall purchase and import in¬
to this state, a slave or slaves, for his, her or their use and benefit:
Provided, he, she or they shall, within sixty days after such impor¬
tation, go before the clerk of the county court of tl;e county in
which he, she or they shall reside, and make oath that such slave
or slaves were imported into this Commonwealth for his, her of
their own use, and not for the purpose of sale or merchandise;
which affidavit shall be recorded by said clerk, in a book kept for
that purpose.
And the question being taken on the adoption of said amend¬
ment, it was decided in the negative.
The yeas and nays being required thereon, by Messrs. E. Smith
and Green, were as follows, viz: ■
YEAS—Messrs. Abell, Allen, Bowling, Copeland, Crow, English.
Heady, Kennedy, Lockhart, McDonald, Maj', Ozborn, Patterson, Pen¬
dleton, RilTe, Sanders, Short, E. Smith, Stevenson, Thompson, M’ick-
lifle, J. Williams, S. Williams, Yates, and T. I. Young— 25.
NAYS—Mr. Speaker, Messrs. S. II. Anderson, Bates, Bell, Boone,
Brown, Butler, Chilton, Collin-s, Cook, Covington, Culley, Davis, Dela¬
ney, Dunlap, Ewing, Paris, Ford, Gaines, Gorin, Green, Harris. Harri¬
son, Henry,Hill, Innis, Jennings, Jet', G. W. Johnston, W. Johnson,
Lee, Lucas, McAfee, Marshall, Matson, Ma.xey, Megowan, Montgome¬
ry, Morgan, B S. Morris, D. Morris, Nultall, Pickett, Pierce, Prince,
Pryor, Rudd, Scrivner, Seaton, Shepherd, Simpson, D. T. Smith, W.
Smith, Southgate, B. F. Thomas, W. Thomas, Thruston, D. White, J.
White, Woolley, and S. Young—61.
Mr. Thruston then demanded the previous question; and the
question being taken, shall the main question be now put? it was
decided in the affirmative.
438 JOURNAL OF THE [Jvn.129.
The yeas and nays being reciuircd thereon, by Messrs, fliruston
and Green, were as follows, viz;
YEAS—Messrs. S. H. An ’.erson, Bates, Bell, Boone, Brown, Butler,
Chilton, Collins, Cook, Cnliey, Davidson, Davi,«, Dunlai>, Ewing, bans,
Gaines, Gorin, Green, Hams, Henry, Innis, Jennings, Jett, Kennedy,
Lee, Lucas, McAfee, MvFall, Matson, Maxey, Megowan, Meiiwellier,
Morgan, B. S. Morris, 1). Morris, Patterson, Pendleton, Pukett Picioe,
Prince, Pryor, Rudd, ScAvner, Seaton, Short, Simpson, D. 1. Siiiit i,
W. Smith, Southgate, B. F. Thomas, W. Thomas, Thompson, I hmston,
Wickliffe, J. Williams, S. Williams, J. White, Woolley, and S. Young
_59
]S; 4^YS—Messrs. Abell, Allen, Bowling, Copeland, Crow, Delaney,
Emdish, Ford, Fulton, Harrison, Hauser, llazelrigg. Heady,
Lockhart McDonald, Marshall, iMay, Montgomery, Ozborn, Ritte, San-
deitshepherd, E. Smith, Stevenson, D. White, and Yates-27.
The question was then taken on reading the said bill a third
time, which was decided in the affirmative. t- c -.i.
The jeas and nays being required thereon, by Messrs. E. Smith
and S. H. Anderson, were as follows, viz:
YJJ4S_Mr. SrEAKEK, Messrs. S. H. Anderson, Bates, Bcdl, Boone,
Braniiett, Brown, Bailer, Chilton, Collins, Cook, Covington, Culley, Da¬
vidson, Davis, Delaney, Dunlap, Ewing, Fans, Ford, Fubori, Gaines,
Gorin, Green, Harris, Henry, Hill, Innis, Jennings, Lee, Lucas, Mc¬
Afee M.'Fall, Marshall, Matson, Ma.xey, Megowan, Meriwether, JMor-
gan,B. S. Morris, D. Morris, Nuttall, Pendleton, Pi-kett, Pierce, Prince,
Prvor Rudd, Scrivner, Seaton, Shepherd, Simpson, D. T. Smi h, VV
Smith, Southgate, B. F. Thomas, W. Thomas, Thruston, D. Mhue, J.
White, Woolley, Yates, and S. Young—03.
nays—M essrs. Abell, Allen, Bowling, Copeland, Crow, English,
Harrison, Hauser, llazelrigg. Heady, Hughes, W. Johnson, Kennedy,
Lockhar', McDonald, May, Montgomery, Ozborn, Patterson, Rifle, Saii-
F. Smith. Stevenson, Thompson, J. Williams, and S. Wil-
Jan. 29.] HOUSE OF REPRESENTATIVES, 4m
Bank of (lie (Vinmonwealth or of the Bank of Kentucky, but out
of the profits alone.
And (.ho quesiion l)eing taken on adopting tlie proposed amend¬
ment, it was decided in the negalivc.
fhe jeas and nays being required thereon, Ijy Messrs. McAfee
and-, were as loJlows:
yeas—M essrs. Al.ell, Allen, Bates, Bowling, Bramlett, Copeland,
Crow, Davidson, Delaney, English, Ford, Hauser, Heady, Hughes^
Lockhart, McAfee, M Dunald, Ma.xey, iM n'gomery, Niittall, OzLrn,
Patterson, Pendleton, Prince, Scrivner, W. Thomas, J. Williams, and
T. I. Young—28,
nays—M r. Speaker, Messrs. S. II. Anderson, Boone, Brown, But¬
ler, Chilton, Churchill, Collins, Cook, Covington, Davis, Dunlap, Ewing.
Fans, Gaines, Gorin. Green, Harris, Harrison, Hazelrigg, Henry, Hill,
Lillis, Jennings, G. W. Johnston, W. Johnson, Kennedy, Lee, Lucas.’
M.Tall, Marshall, Matson, May, Megowaii, Meriwether, Morgan, B. S.
Morris, D. Morns, Pickett, Pierce, Pryor, Rifle, Rudd, Sander's, Seaton,
Shanks, Shepherd, Short, Simpson, 1']. Smith, W. Smith, Stevenson b'
F. Thomas, Thompson, Thruston, Wickliffe, S. Williams, Woolley, Yates
and S. Young—60. ’
I'*” h- adding thereto
the following additional sections: •
Bo it Jnrther enacted, That it shall and may be lawful for the
Governor of this Conimonwealtli, for the time being, and he is
hereby required to subscribe, on the part of the state, the sum of
fifty Ihousand dollars in stock in the Lexington and Covington
Turnpike Road Company: Provided, That tiie state shall no^ be
required to pay any part or instalment of said stock hereby au
thorised to be subscribed on the part of the state, until it ihall
satisfactorily appear that a like sun, has beei, subscribed and paid
on the part of the stockholders: And provided, further, JliaUhe
stockhold-
eis, shall be appropriated on said road, commencing at (Jovino-ton
and extending by the way of Florence, in BooneLunty, in°tl°e
direction to Lexington. ^
Be it further enacted, That it shall be lawful for Jas. M. Gaines'
Moses Scott, and Willis Graves, of the county of Boone, to open
books in Burlington, and John ML Ki,,g, .)ohn B. Casey and Al¬
exander P. Sandlord, of the county of thimjibell, to open'books of
subscription ,n Covington, on fhe first Monday in .tpr 1 next vvdio
as commissioners, may receive subscriptions unde,- the directio.A
•ml F.v.,„n, of tho „ct cnlillcd, a„ dt l„ i„c„,.p„,a,c 'aiS L ™
A
■ ‘ Ji ' ■ ;i
I •**
V'V
it IliMi
if If :W‘'
« It f Ml
|l! 'I' ' '
■Hi-
1,0 JOURNAL OP THE 1J.>k. 39.
The ,e.s n„>l ,»p bei„s ec,..h'ea kreon, by Messrs. Gaines
“iM~.::.“oU..es.R»nc.to^^^
Chii.;; enhev. Bsvis, O.h.c. Zstoilpi
lliil, Innls, Jenn..gs, M ““““> ““f'V a.li 1, « Smith, tolh-
aIL, Bell, Betrlin, Bnti.r.Chn,-
chill. Oelitn.. C»U. Cepei-, C™-, Ce™J“.
M»;». M.scy, M^ewnn.
son, .nd JJV'ltoms j„ „,„c„cl snid bill by striking out llic
tvUe' khroh aft"V
thereof the following: -inni-norinted out of the mo-
^“trEaS
. J dohis for the improvement of the roads, navngabk
• thon=and bddges and public higlnvays m thib
slreiims, make and rep & ^rn-.no- the several counties in
Commonwealth, to be appor ion . Yoter« in each county; and
' 'tlnf all the iuslices in commission being piesent, an
majority of all the just
t curriiig therein, ^ be entitled, under
hie, appropriate the funds ^ of permanent bridges;
the provisions of this act, to the j^^bje streams within
to the removal of obstructions in
their respective counties, or to vest the ' lipreafte.r to be
Turnpike Road Cornpany now „terelt or p^^^^
incoi-iiorated within this d," t e control and
its arising from such stock, so improvement of
direction of said court, be appropin - , respective coun¬
roads, navigable streams, or bridges, within their lespect
‘“And the qneclion being taken on adopting the piopoecd amend;
ment,it was decided in the negative. Messrs. Croiv
The yeas and nays being reijuiied thereon, oy it
and E. Smith, were as follows:
441
Jan. 29.] HOUSE OF REPRESENTATIVES.
YEAS—Messrs. Abell, Allen, Bell, Boone, Bowling, Bramlett, Col¬
lins, Coijcland, Crow, Davidson, Delaney, English, Ewing, Gaines, Hau¬
ser, Ilazelrigg, Heady, Hughes, Jett, Lockhart, McAfee, McDonald, Mc-
Fall, Maexy, Megowan, Montgomery, Nuttall, Ozborn, Patterson, Pen¬
dleton, Pj-ince, Riffe, Sanders, Strivner, Shepherd, E. Smith, Southgate,
W. Thomas, Thompson, J. Williams, J. White, and Yates;—42.
NAYS—Mr. Speaker, Messrs. S. H. Anderson, Bates, Brown, But
ler, Chilton, Churchill, Cook, Covington, Culley, Davis, Dunlap, Paris,
Ford, Fulton, Gorin, Green, Harris, Harrison, Henry, Hill, Innis, Jen¬
nings, G. W. .Johnston, W. Johnson, Kennedy, Lee, Lucas, Marshall,
Ma rson, Morgan, B. S. Morris, D. Morris, Pickett, Pierce, Pryor, Rudd,
Seaton, Shanks, Short, Simpson, D. T. Smith, W. Smith, Stevenson, B.
F. Thomas, Thruston, Wicklifl’e, S. Williams, D. White, Woolley, and S.
Young—51.
The previous question having been called for, and sustained by
the house; the question was then taken on reading the said bill a
third time, w-hich was decided in the affirmative.
Tb.e yeas and nays being required thereon, by Messrs. Nuttall
and Kennedy, were as follows, viz: ,
YEAS—Mr. Speaker, Messrs. S. II. Anderson, Bates, Bell, Brown,
Butler, Chilton, Churchill, C(K<k, Covington, Davis, Dunlap, Ewing, Pa¬
ris, Fulton, Gorin, Green, Harris, Harrison, Henry, Hill, Innis, Jen¬
nings, G. W. .Tohnston, W. Johnson, Kennedy, Lee, Lucas, McFail, Mar¬
shall, Matson, May, Megowan, Meriwether, Morgan, B. S. Morris, D.
Morris, Pickett, Pierce, Pryor, Rudd, Seaton, Shanks, Shepherd, Short,
Simpson, E. Smith, W. Smith, Stevenson, B. P. Thomas; Thruston,
Wickliffe, S. Williams, D. Whi-'e, J. White, Woolley, and S. Young—57.
NAYS—Messrs. Abell, Allen, Boone, Bowling, Bramlett, Copeland,
Crow, Culley, Davidson, Delaney, English, Ford, Gaines, Hauser, Ila¬
zelrigg, Heady, Hughes, Jett, Lockhart, McAfee, McDonald, Maxey,'
Montgomery, Nuttall, Ozborn, Patterson, Pendleton, Prince, Pufie, South-
gate, W. Thomas, Thompson, J. Williams, and Yates—34.
A bill from the Senate, entitled, an act to authorise an addi¬
tional subscription, on behalf of the Commonwealth, in the stock
of the Board of Internal Improvement for Shelby county, and for
other purposes: was read a second time.
And the question ’being taken on reading the said bill a third
time, it rvas decided in the affirmative.
The yeas and nays being required thereon, by Messrs. Nuttall
and Butler, were as follows:
YEAS—Mr. SpejVker, Messrs. S. H. Anderson, Bates, Bell, Brown,
Butler, Chilton, Churchill, Collins, Cook, Covington, Culley, Dunlap,
F3
JOURNAl. OF THE
” rris, Harrison, Henry, HilI, mnis, jeninn^s, v,.
W. Johnson, Kennedy, Lee, Lucas, M Fall, Marshall, Mat-
, Meriwether, Morgan, B. S. Morris, D. Morns,
Rudd, Sanders, Scrivner, Seaton, Shanks, Short,
E,S„i,.h.W.S™J.,S.e.o»s»n,B.F. Thomas,Thrust™,Wick.
D. White, J. White, Woolley, Yates, and S. Young
Bramlett, Copeland, Crow,
Ford, Fulton, Gaines, Hau-
Jett, Lockhart, McAfee, McDonald,
Pendleton, Prince, RilFe, Shep-
and J. Williams—34.
■ ' > a sum of
1 of (,‘umher-
Vork of said river
Faris, Gorin, Green, Har
W. Johnston,'.-
son. May, Megowan.
Pickett, Pierce, Pryor,
Simpson,
lifte, S. Williams,
—58.
pj^t\^YS—Messrs. Abell, Allen, Bowling,
Davidson, Davis, Delaney, English, Ewing,
ser, Hazelrigg, Heady, Hughes,
Montgomery, Nuttall, Ozborn, Patterson,
herd, Southgate, W. Thomas, Thompson,
A bill from the Senate, entitled, an act to appropriate
npv for the purpose of improving the navigation
fanS river at Smiths shoals, a!,d the big South ricri: .
UP to the coal banks; was read a second time.
’^Mr Gorin then demanded the previous question; a
tion was taken, shall the main question be now put,
decided in the affirmative.
The yeas and nays being required thereon, by Me
and S. Williams, were as lollows, viz:
YEAS— Mr. Speaker, Messrs. S. II. Anderson, Bell, 1
lett. Brown, B iticr, Chilton, Collins, Cook, Covington,
Dunlap Ewim^, Faris, Gaines, Gorin, Green, Harris,
Henrv, Hill,’ Iiinis,'jennings, Je.t,G. W. Johnston, VV. Johnson, Kenne-
a t'pp Lucas McFall, Marshall, Matson, Meriwether, Morgan, B. S.
VT ’ R M I ris PeLl-’eton, Pickett, Pierce, Pryor, Riffe, Rudd, San-
der", Seaton, Shanks, Short, Simpson, a T. Smith E^ Smith, W Smidi,
Southgate, B. F. Thomas, Thompson, Phruston, M^hffe, S. William.
D Whi^e, J. White, Woolley, Yates, and S. Young^S^
NAYS-Messrs. Abell, Allen, Bowling, Churchill, Copeland, Crow,
■n Mccon Delanev Enriish, Fulton, Heady, Hughes, Lockhait, JIc
Ife. McDonald, May, Slcgow.n. Mon®.me,y,
.on, Prince, Sl.epke,d, Stevenson, W. Thom.., and J. W,ll,.ms-il6.
The said bill was then ordered to be read a third time.
And thereupon the rule of the house, constitutional provision,
and third rending of snid bill having ''“"/'[‘’“he t
Dcioforif, Tlial the snid bill do pass, and that the title
’’““cSIt. the Clerk carry the said bill to the Senate ,.d
■n“ rntt'^^mXSS; entitled an net to remove the obstn.c-
Jan. 29.] HOUSE OF REPRESENTATIVES. 443
^ And thereupon the rule of the house, constitutional provision,
•and third readhig of said bill having dispensed
R,'solved. That the said bill do pass, and that tl
’’'xLlSs’aJd „a,s being requited on the paseageof .aid bill,
by Messrs. Gorin and Thruston, were as tollows:
YEAS-Mr. Spe.akee, Messrs. Allen, S. H. Anderson Bell, Brown,
Butler, Chilton, Couk, Copeland, Crow, Covington Cullej, Davidson
Davis, Dunlap, Ewing, Faris, Ford, Gaines, Gonn, Green, Harris, -
Ln, Henry ilill, Innis, Jennings, Jett, G. W. Johnston, Johnson,
Kennedy, Lee, Lockhart, Lucas, M. Fall, Marshall, Matson, Meriweth¬
er B S Morris, D. Morris, Patterson, Pendleton, Pickett, Pnnce,Sciiv
ner Seaton, Shepherd, D. T. Smith, E. Smith, W. S^mitl. B. K T om-
as, W. Thomas, Thruston. Wickliffe, S. Williams, D. Whiie, Woolley,
Yates, and S. Young—59. ra ,• i u
N.\yS_MeBsrs. Abell, Boone, Churchill, Delaney, English, Fulton,
Ilavdcn, Heady, Hughes, McAfee, McDonahl, Maxey, May, MoiUgom-
ery‘, Morgan, Murray, Ozborn, Rudd, Sanders, Shanks, Short, South-
o-ate, Stevenson, Thompson, and J. Williams—25.
° Ordered, That the Clerk inform the Senate thereof.
A bill from the Senate, entitled, an act to amend the law con¬
cerning champerty: was ordered to be read a third time.
The amendments proposed by the committee for courts of jus¬
tice to a bill from the Senate, entitled, an act limiting the time
for which persons may be held to bail for their good behaviour:
were concurred in; and the said bill ordered to be read a third
*'”And thereupon the rule of the house, constitutional provision,
and third reading of said bill having been dispensed with:
Resolved, That the said bill, as amended, do pass, and that the
title thereof be as aforesaid. , ^ j .
Ordered, That the Clerk inform the Senate thereof, and request
their concurrence in the said amendment.
A bill from the Senate, entitled, an act to amend the law regu¬
lating proceedings in cases of ejectments and forcible entries and
detaines: was taken up. , j
Mr. Southgate then moved to amend the same by adding theie-
to the following as an additional section:
Be it Jurlher enacted. That hereafter no judgment shall be ren¬
dered in any action for the recovery of land, in favor of any non¬
resident or non-residents, claiming under an adverse title, unless
the person or persons seeking to recover shall shew and produce,
on the trial, the certificate of the Auditor of this Commonwealth
444
JOURNAL OF THE
[Jan. 29.
that the lands sought to be recovered have been entered for tax¬
ation, and that the taxes thereon have been paid, for at least one
year next before the institution of the suit.
And the question being taken on the adoption thereof, it n as
decided in tlie negative.
Tlie yeas and nays being required thereon, by Messrs. South-
gate and Ewing, were as follows:
YEAS—Messrs. Abell, Allen, Bell, Bowling, Copeland, Crow, Gul¬
ley, Davis, Delaney, Fulton, Gaines, Harris, Hauser, Hazelrigg, W,
•Tohnson, Kennedy, Lockhart, McA'.ee, McDonald, Matson, Maxey,
May, Meriwether, Montgomery, Morgan, Nuttall, Ozborn, Pierce, Rifle,
Sanders, Seaton, Shepherd, VV. Siniih, Southgate, Stevenson, W. Thom¬
as, J. Williams, S. Williams, and Yates—39.
NAYS— JMr. Speaker, Messrs. S. H. Andersen, Bates, Boone, But¬
ler, Chilton, Collins, Cook, Covington, Davidson, Dunlap, Ewing, Pa¬
ris, Ford, Gorin, Green, Harrison, Heady, Henry, Hill, Hughes, Iniiis,
Jennings, G. W. Johnston, Lee, Lucas, McFall, Marshall, B S. Morris,
Rudd, Scrivner, Shanks, Short, D. T. Smith, E. Smith, B. F. Thomas,
Thompson, Thruston, Wickliffe, J. White, Woolley, and S. Young—42.
The said bill was then ordered to be read a third time.
A bill from the Senate, entitled, an act for the benefit of the
Cumberland Hospital—also, a bill from the Senate, entitled, an
act to provide the mode of paying the states’ subscriptions in in¬
corporated companies: were ordered to be read a third time.
And thereupon the rule of the house, constitutional provision,
and third reading of the former bill having been dispensed with:
Ec-tolved, That the said bill do pass.
Ordered, That the Clerk inform the Senate thereof.
A bilLfrom the Senate, entitled, an act to amend the act incor¬
porating the Rardstown and Louisville Turnpike Company: was
read a second time.
Mr. Crow then moved to amend said bill by attaching thereto
the following as an additional section, viz:
Be it fnrilier enacted, I'hat there shall be appropriated to the
county of Daviess one thousand dollars, and to tlie county of Ohio
two thousand dollars, for the purpose of irfiproving the road from
Owenborough to Nashville, by the way of Russellville, and the
road from Hartford to Bowlinggreen; to be applied in such man¬
ner as the county courts of said counties may direct. Also, one
thousand dollars to the county of Logan, and live hundred dollars
to the county of Butler, to aid hi the completion of said road.
And the question being taken thereon, it was decided in the
negative.
The }eas and nays being required thereon, by Messrs. Crow
and B. F. Thomas, were as follows, viz:
Jan. 30.] HOUSE OF REPRESENTATIVES,
YEAS Messrs. Abell, Allen, Bell, Bawling, Ci'ow, De
Ford, I'ukon, Jeit, Lockhart, Ma.xey, Maj’, Montgomery,
Williams, and Yates— 17.
Si’EAjtEU, Messrs. S. II. Anderson, Boone
ton, Churehiil, Cook, Copeland, Covington, Ciilley, Dat
Diiniap, Faris, Gaines, Gorin, Green, Harris, Harrison,
zelrigg, Henry, Hill, Hughes, Innis, Jenning.*, G. W. Join
gowan, Meriwether, Morgan, B. S. Morris, D. Morris, Ozborn, Pickett,
Pierce, Pryor, Rifle, Rudd, Sanders, Scrivner, Seaton, Shanks, Shep¬
herd, Short, Simpson, E. Smith, W. Smith, Southgate, Ssevenson, B. F.
Thoma.s, W. Tiiomas, 'Phompson, Thrmston, Wickliffe, S. Williams, D.
White, J. White, Woolley, and S. Young—07.
The said bill was then ordered to be read a third time to¬
morrow.
hill from tlie Senate, entitled, an act for the benefit of the
Lexington and i)hio Rail Road Company; was read the first time
and ordered to be read a second time. '
And thereupon the rule of the house, constitutiomd provision,
and second reading of said bill having been dispensed with, the-
same v.ms ordered to Ire read a tliird time. ’
The hoiisr resumed the consideration of a bill to provide for the
imp'ovomerit ot the road from Frankfort, via l.awienceburg, liar-
rods urg, Danville, and Stanford, to the Crab Orcliard—and, a hill
to improve the road from Lexington to the Mouth of Big Sandy
through Winchester, Mount Sterling, and Owingsvillc.
The said bills (the latter being amended at tiie t'lerk's table)
were then ordered to be engrossed and read a third time to-morrow.
The house then adjourned.
WEDJVESDAY, JAjYUARY 30, 1833.
Ml. liince, from the joint committee of enrolments, reported
that the committee had examined enrolled resolutions and bills of
the lollowing titles, and had found the same truly enrolled, viz:
Resolutions concerning the opening and improving the Cumber-
and Iventiic.ky and Ldckiiig rivers.
Resolutions concerning the opening and improving the Green
and Big Barren rivers.
An act allowing an additional justice of the peace to the coun¬
ty ol Bath, and for other purposes.
An act to appoint additional justices of the peace in certain
counues, and for other purposes.
\
\
I
i
‘ ✓
JOURNAL OF THE
[Jan. 30.
X i'-'
A„ act tc t™e„d an act catitlcd, an act tor the hcner.t.f tee-
a” a?t“'t";.! the lat. giving centpensatten 1. witnesse. and
“ A":cTte'S,ent‘Sfact to improve the navigation of Salt riv-
infant heirs^^
h,e^"o IhrcounrorWaddngt;^^ an additional justice of the
peace for the county court of Hardin county to ap-.
p„i'ran"ns;«tm'“, W2. Point and Elisabethtown in said
“a?- to amend the act providing for opening and keeping in
repair the highways in the the county courts of Hopkins,
„bk‘“SrS iHe of HLison, to transcribe
certain records iiion 'ospeclive o Branigan.
An net for the °‘X„ei Tn Idem count,.
l; ac't rauStmie the Secretary of State to distribute certam
“KcUo”-horise the trustees of Cynthiana to close an alle,
in said town. levies in certain counties.
1" “1 rrreloTofthe'Sw ..d heir of W.allter Thorn-
“iSrmUeai, in p-d. -[s1t:a"d'‘crsr“"^ A
'-‘iii’faSef lo'mtiargc Ute powers of the trustees of Han
rodsburg. nftivpd his sienature thereto.
Whereupon the Speakei atlixed thereof.
XtSsaglwIs^SJ^d'V^^^^ SeUe'announcing the pas¬
sage of bills of the vacant lands in Butler coun¬
ty t £ purpTe^TintS improvement in said county.
rnrcUm^ril^mv'emiXLrmShoad^
to withdraw
which originated in this house, enthL^h an ac ^
dren. . . . -vithdraw said reports and bilk.
ShCan Ste road from
Jan. 30.J HOUSE OF REPRESENTATIVES.
4^17
Frankfort, via I.awrenceburg, Ilarrodsburg, Danville, and Stan¬
ford, to the Crab Orchard: was read a third time.
jMr. Brown then moved to amend said bill bj adding thereto
the following engrossed clause, by way ot ryder, viz:
Be it further enacted. That the sum of one thousand dollars be
and the same is hereby appropriated, out of the funds of the Com¬
monwealth’s Bank, to improve the road leading from the town of
Nicholasville to Lexington; and that so soon as William Shreeve
and Thomas I. Brown, or either of them, shall enter into bond be¬
fore the county court of Jessamine, in the penally of two thou¬
sand dollars, stipulating and binding themselves faithfully to ex¬
pend said appropriation on said road between the town limits of
the town of Nicholasville and Benjamin Blackford’s dwelling, the
Auditor of Public Accounts is hereby authorised and directed to
issue his warrant upon the Treasurer Lor said thousand dollars;
and he is lierebj^ directed to pay over to said Shreeve and Brown,
or either of them, said sum.
And the question being taken on adopting the proposed amend¬
ment, as a ryder to the bill, it was decided in the negative.
The yeas and nays being required thereon, by Messrs. Brown
and Green, were as follows:
YEAS—Messrs. Abell, Allen, S. H. Anderson, Bates, Brown, Collins,
Delaney, Ewing, Gaines, Harris, Hauser, Heady, Henry, Marshall, Nut-
tall, Ozborn, Pierce, Scrivner, Shepherd, Short, Simpson, B. F. Thom¬
as, VVicklitfe, J. Williams, S.' Williams, and Yates— 2Q.
NAYS—Mr. Speaker, Messrs. Bowling, Biamlett, Butler, Chilton,
Copeland, Covington, Crow, Culley, Davidson, English, Faris, Ford,
Fulton, Gorin, Green, Harrison, Hayden, Hazelrigg, Hill, Hughes, In-
nis, Jett, W. Johnson, Kennedy, Lee, Lucas, McAfee, McDonald, Me-
gowan, Meriwether, Montgomery, Morgan, B. S. Morris, D. Morris,
Murray, Pendleton, Pickett, Prince, Pryor, RifFe, Seaton, Shanks, E.
Smith, W. Smith, Stevenson, W. Thomas, Thompson, Thruston, D. Wliite,
and S. Young—51.
The question was then taken on the passage of the bill, which
was decided in the affirmative.
The yeas and nays being required thereon, by Messrs. D. White
and Green, were as follow's;
YEAS—Mr. Speaker, Messrs. S. H. Anderson, Bates, Bell, Butler,
Chilton, Cook, Covington, Culley, Dunlap, Paris, Gaines, Gorin, Green,
Harris, Harrison, Hayden, Henry, Hill, Innis, G. W. Johnston, VV. John¬
son, Kennedy, Lee, Lucas, MrFall, Marshall, Matson, May, Meriweth¬
er, B. S. Morris, D. Morris, Pickett, Pryor, Ritfe, Rudd, S.mders, Sea¬
ton, Shanks, E. Smith, W. Smith, B. F. Thomas, Thruston, Wickliffe, S,
Williams, D. White, Woolley, and S. Young—48.
JOURNAL OF THE
NAYS—Messrs. Abell, Allen, Bowling, Bramlctt, Brown, Collins,
Copeland, Crow, Davidson, Davis, Delaney, English, Ewingj Ford, Ful¬
ton, Hauser, Hazelrigg, Heady, Hughes, Lockhart, M.;;Afee, McDonald,
Ma.vey, Megowan, M- ^nlgoinery, Morgan, Murray, Nuttall, Ozborn, Pat¬
terson, Pendleton, Pierce, Prince, Scrivner, Shepherd, Shorl, Simpson,
D. T. Smith, Soutligatc, Stevenson, W. Thomas, Thompson, J. Williams,
J. White, and Y'^ates—'15.
Ordered, That the clerk carry the said bill to the Senate and
request their concurrence.
Mr. Abell moved the follow^ing resolution:
The members of this house regret to see an editorial remai'K,
in the Kentuckian and Commentator, wounding to the feelings of
members of this body. The attack, by James Birney Maishall,
upon any member, for exercising tlieir rights and pnivilcges, as
representatives of the people, deserves the reprobation of every
member of this body and the condemnation of a free people.
Therefore, , „ , „
Be it resoked. That the said James Birney Marshall be expell¬
ed from a seat in this house, for the purpose of reporting the pro¬
ceedings thereof.
It was then moved and seconded to lay the said resolution on
the table.
And the question being taken thereon, it was decided in the
affirmative.
The veas and nays being required thereon, by^ Messrs. Pierce
and-, were as follows, viz:
Y’EAS— Mr. Spkaker, Messrs. S. H. Anderson, Bates, Bell, Boone,
Brown, Butler, Chilton, Collins, Cook, Copeland, Covington, Culley,
Duvi.«, Dunlap, Ewing, Ford, Gaines, Green, Harris, Hayden, Hauser,
Hazelrigg, Henry, Hill, Hughes, Innis, Jennings, G. W. Johnston, Ken¬
nedy, Lee, Lucas, Matson, Megowan, Morgan, B. S. Morris, D. Morris,
Patterson, Pendleton, Pickett, Pryor, Rilfe, Rudd, fecrivner, beaton,
Shanks, Shepherd, Short, Simpson, D. T. Smith, E. Smith, W. Smith,
Southgate, Stevenson, B. F Thomas, Thruston, Wicklilfe, J. Williaim,
J. White, Woolley, Yates, and S. Y'oung—62.
NAYS—Messrs. Abell, Allen, Bowling, Crow, Davidson, Delaney,
Faris, F.dton, Heady, Jett, W. Johnson, Lockhart, McAfee, McFall,
Maxey, Meriwether, Montgomery, Nuttall, Pierce, Prince, W. Thomas,
S. Williams, and D. White—^23.
The following bills were reported from the several committees
appointed to prepare and bring in the same, viz:
By Mr Rufler, from the committee of claims—1. A bill foi the
appropriation of money; and.
Jan. 30.] HOUSE OF REPRESENTATIVES.
449
By Ml- Heady—’2, A bill for opening a road from Taylorsville,
in Spencer county, to Jetlersontown, in Jefferson county.
Which bills were severally received and read the first time,and
ordered to be read a second time.
And thereupon the rule of tb.e house, constitutional provision,
and second readings of said bills having been dispensed with, the
first w^as committed to the committee of claims, and the second
was ordered to lie engrossed and read a third time.
And thereupon the rule of the house, constitutional provision,
and third reading of the latter hill having been dispensed with:
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
Ordered, That the Clerk carry the said bill to the Senate and
request their concurrence.
On the motion of Mr. Green;
Ordered, That the committee of ways and means be discharg¬
ed from the further consideration of a bill from the Senate, enti¬
tled, an act to prevent the circulation of certain bank notes.
Mr. Southgate then moved to lay the said bill on the table.
And the question being taken thereon, it w-as decided in the
negative.
The yeas and nays being required thereon, by Messrs. South-
gate and E. Smith, were as follows, viz:
YEAS—Messrs. Abell, Bell, Bowling, Bramlett, Covington, Crow,
Culley, Davis, English, Paris, Harris, Hayden, Hauser, Hazelrigg, Hea¬
dy, Henry, Hughes, W. Johnson, Lockhart, McAfee, McDonald, McFall,
Matson, Maxey, May, Montgomery, Nuttall, Ozborn, Patterson, Pj-ince,
Pryor, Rudd, Sanders, Seaton, E. Smith, W. Smith, Southgate, S.even-
son, Thruston, D. White, J. W’hite, and Yates—42.
NAYS—Mr. Speakur, Messrs. Allen, S. H. Anderson, Bates, Boone,
Brown, Butler, Chilton, Churchill, Collins, Cook, Copeland, Davidson,
Delaney, Dunlap, Ewing, Ford, Fulton, Gaines, Gorin, Green, Harri¬
son, Hill, Innis, Jennings, Kennedy, Lee, Lucas, Megowan, Meriweth¬
er, Morgan, D. Morris, Pickett, Pierce, Riffe, Scrivner, Shanks, Shep¬
herd, Short, Simpson, D. T. Smith, B. F. Thomas, W. Thomas, Wick-
liffe, J. Williams, Woolley, and S. Young—47
It was then moved and seconded to strike out the first section
of said bill, after the enacting clause, and the enacting clause of
the second section, in the following words:
That from and after the first day of May next, it shall not be
lawTnl for any person or persons to pay, tender in jia 3 ment, ex¬
change, offer to exchange, barter, otlbr'to barter, or in anv other
mode circulate, or attempt to circulate, in this Commonwealth,
the notes, checks or bills of any bank or incorporated company',
chartered by any one of the other states of the Lfnited States, or
G3
450
JOURNAL OF THE [Jan. au.
' |- individuals, in the
checks or hills, under
nient, exchange or barter of
and eacli and every
■ j. or oH’eiing to
..'culaliug, or olfering
Is. shall, for each and cv- .
of ten dollars, rccovera-
,,eace, in faVor of any
the name of the Commonwealth,
aken thereon, it was decided in the
lired thereon, by Messrs. Games
follows, viz:
Bates, Bell, Bowling, Brandett, Copeland,
English, Ewing, FuUon,
Heady, Henry, Hughes,
Lockhart, McAfee, M Donald, McFall,
V, Nuttall, Ozborn, Patterson, Pendleton,
Sanders, Seaton, Shepherd, E. Smhh, W.
B. F. Thomas, W. Tliomas, Tliompson,
any individual or
.jf bank notes, c...
nature, or oi me 1 , 11 ......-.^. oann.
hve di.dlnrs; and each and every PLY'-
anv such notes, checks or hills, shall be void,
person paying, tendering in payment, excxianging.
Lchange, bartering, or olFering to h.irtor, ti^^
to circulate, anv such noies, cnecks or bills.
erv such offence, be li-ble lo a penalty c- -
hie bv a warrant befme anyjust.ee of the pe
person suing for the same, or in the name c.
on the presentment of a grand jury.
And the question lieing ta-
affirmative.
The yeas and nays bemg requ
and Southgate, were as
yeas—M essrs. Abell,
Crow, Gui;ey, Davidson, Davis, Delaney,
Gaines, Harris, Hayden,
G. W. Johnston, AV. Join
Matson, Maxey, May, H
Pierce, Prince, Pryor, R
Siniih, Southgate, Steve
Thraston, J. Wihiams, E
NAYS—Messrs. S. 1
Churchii., Collins, Cook, Covington, Fans, Uorm
IIil', Inins, Jennings, JCcnnedy, Lee, Lucas, Marsha
wcihev. Morgan, B. S. Morris, D. Morris, 1 ickett, E
Simpson, Wickhffe, J. White, Woolley, mid b Youn
The "sa'id bill vv^as then laid on the table.
«A bill ii-om the Senate, entitled an act to me
ism- Hotel Coinp.iny: was reported from 1
ro^ of justice, and ordered to be read a thir
^d thereupon the rule of the house, const
and third reading of said bill having been tlisf
Resolved, That the said bill do pass, and th.
he as aforesaid. in i ni
Or'hred, That the Clerk carry the said hill
request their concurrence.
An engrossed bill entitled, an act to amend
alimony: w'as read a third time.
Resolved, That the said bill do pass, and tl
he as aforesaid. • 1 1 -.ii tr.
That the Clerk carry the said bill to
Jan. 30.J HOUSE OF REPRESENTATIVES. 451
Tlic committee of the whole house was discliargcd from the
further consideration of a bill from the Senate, entitled, an act to
divide the state into congressional districts.
The lirst section thereof was then read as follows, \iz.
Sue. 1. Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That this state shall be and is hereby divided into thir¬
teen coiigrekonal districts, as follows: The lirst district shall be
composed of the counties of Hickman, Calloway, Graves, lUc-
Cracken, l/ivingston, Caldwell, Trigg, and Union; the second dis¬
trict shall be composed of the counties of Christian, Hopkins,
Henderson, Muhlenburgh, Butler, Ohio, Uavicss, and Hancock;
the third district shall be composed oi the counties of lodd, Lo¬
gan, Warren, Edmonson, Simpson, Allen, Monroe, and barren;
the fourth district shall be composed of the counties of Cumber¬
land, \dair, Russell, Wayne, I'ulaski, Rockcastk-, 4Viutley, and
Casey the fifth district sliall be composed oi the counties oi lan-
cola, Garrard, Jessamine, iMcrcer, and Anderson; the sixth dis¬
trict shall be composed of the counties of Green, Hardin, tiart,
Grayson. Breckenridge, and Meade; the seventh district sl.all be
composed of the counties of Washingion, Nelson, Bulbt', and
Spencer; the eighth district shall be composed oi the counties ot
JelFerson, Oldham, Shelby, and Henry; the ninth district shall be
composed of the counties of Madison, S.aural, Knox, Harlan,Clay,
Perry, Estill, Pike, and Floyd; the tenth district snail be coiopos-
ed of the counties of Clarke, Fayette, V\ oodford, and i rankhn;
the eleventh district shall be composed of the counties ot Mont-
gomerv, Bath. Morgan, Lawrence, Greenup, Lewis, and Fleming;
the twelfth district shall be composed ot the counties ot bracken.
Mason, Nicholas, Bourbon, and Pendleton; the thirteenth district
shall be composed of the counties of Scott, Harrison, Grant,
Campbell, Boone, Gallatin and Owen. ^ .
Mr. McAfee then moved a substitute in lieu of the hrst section
of said bill in the following words:
Snc. 1. Be it enacted by the General Assembly of tlm Common¬
wealth of Kentucky, That this-state shall be and it is nereby divi-
ded into thirteen congressional districts, as follows: 1 he tij&t dis-
trict shall be composed of the counties of Montgomery, hath,
Fleming, Greenup, Floyd, Morgan, Lawrence, Lewis, and Like;
the second district shall be composed of the counties of Bourbon,
Nicholas, Mason, and Bracken; the third district shall be compos¬
ed of the counties of Fayette, Clarke, Woodford, and Jessaniine;
the fourth district shall be composed of the counties of F.still,
Madison, Clay, Garrard, Knox, Perry, Harlan, Laurel, and Whit¬
ley the fiftl/district shall be composed of the counties of fccott,
Harrison, Grant, Campbell, Pendleton, and Boone; tiie sixth dis¬
trict shall be composed of the counties of Spencer. Henry, Galla-
hn, Franklin, Owen, and Anderson; the seventh district shall be
45-2
JOURNAL OF THE
[Jan. 30.
composed of tlie counties of Mercer, l.incoln, Washington, and
Casey; the eighth distiict shall be composed of the counties of
Pulaski, Wayne, Cumherland, Rockcastle, Adair, Russell, Mon¬
roe, and Allen; the ninth district shall be composed of the coun¬
ties of Jefferson, Oldham, Shelby, and Rulliti; the tenth district
shall be composed of the counties of Nelson, Hardin, Hart, Green,
and Edmonson; the eleventh district shall be composed of the
counties of Henderson, Brcckenridge, Grayson, Hancock, Muh-
leninirgh, Ohio, Hopkins, Daviess, Rutlcr, and Meade; the twelfth
district shall be composed of the counties of Barren, Todd, Lo¬
gan, Simpson, and Warren; the thirteenth district shall be com¬
posed of the counties of Hickman, Graves, Calloway, McCrack¬
en, Ijivingston, Caldwell, Trigg, Christian, and Union.
Mr. Gaines then moved to amend said first section of the bill
from the Senate by striking out the county of “Scot/,” from the
thirteenth congressional district, and adding it to the tenth.
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon, by Messrs. Gaines
and-, were as follows, viz;
YEAS—Mr. Speaker, Messrs. S. II. Anderson, Bates, Boll, Boone,
Davis, Gaines, Green, Hauser, Henry, Megowan, Pendleton, Pickett,
Pryor, Shanks, D. T. Smith, W. Smith, Southgate, B. F. Thomas, D.
White, .1. White, W'oolley, Y.-tss, and S. Young—24.
NAYS—Messrs. Abell, Allen, Bowling, Bramlett, Brown, Butler, Chil¬
ton,’ Churchill, Collins, Cook, Copeland, Covington, Culley, Davidson,
Delaney, D.inlap, English, Ford, Fulton, Harris, Harrison, Hayden,
Hazelrigg, Heady, Hill, Hughes, Innis, Jennings, W. Johnson, Kenne¬
dy, Lee, Lockhart, Lucas, McAfee, McDonald, McFall, Matson, Maxey,
May, Meriwether, Montgomery, Morgan, B. S. Morris, D. Morris, Mur¬
ray, Ozborn, Patterson, Prince, Rifle, Rudd, Sanders, Scrivner, Seaton,
Shepherd, Short, Simpson, E. Smith, Stevenson, W. Thomas, Thompson,
Wickliffe, and J. Williams—62.
Mr. Hauser then moved to amend said section by striking out
‘•‘•Pendleton'’’ from the twelfth and adding it to the thirteenth district.
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon, by' Messrs. Hauser
and-, were as follows, viz:
YEAS—Messrs. Bates, Boone, English, Gaines, Harris, Hayden, Hau¬
ser, Hazelrigg, Henry, Murray, Niittall, Rifle, Shanks, Wh Smith, South-
gate, J. White, Woolley, and Yates—18.
NAYS—Mr. Speaker, Messrs. Abell, Allen, S. H. Anderson, Bell,
Bowling, Bramlett, Brown, Butler, Chilton, Churchill, Collins, Copeland,
I
Jan. 30.] HOUSE OE REPRESENTATIVES.
Covington, Crow, Culley, Davidson, Davis, Delaney, Dunlap, Faris,
I'ord, F.ilton, Gorin, Green, Harrison, Heady, HiiJ, Hughes, Innis, G.
W. Joiinston, W. Jehnson, Kennedy, Lee, Lockhari, Lucas, McAfee,
McD maid, M. Fall, Marshall, Malson, Maxej , Meriwether, Montgome¬
ry, Morgan, B. S. Morris, D. Morris, Ozhorn, Patterson, Pendleton,
ickett, Rerce, Pryoi’, Rudd, Sanders, Scrivner, Seaton, Short, Simp¬
son, D. T. Smith, R. Smith, Stevenson, B. F. Thomas, W. Thomas
Hiompson, Tliruston, W.ckliffe, J. Williams, S. Wiiliams, and S. Young
to amend said section 1)V strikine out
Whalry from the fonrlh district and adding it to the
ne^atiV- question bung taken thereon, it was decided in the
1 fie yeas and nays being required thereon, by Messrs. Bates
ana —^vA'^ere as follows, viz:
YEAS-Mr. Speakuk, Messrs. Allen, S. 11. Anderson, Bates, Boone
Bowling, B.-ainiett, Copeland, Crow, English, Ford, Gaines, Hayden’
Hazelngg, Heady, Hughe.«, Lockhart, McAfee, AlcDoiiald, M^ Fail’
Marshall, Ma.vey, May, Montgomery, Murray, ryuttall, OzLoni, Riffe’
Rudd, Sanders, Seaton, Shanks, Shepherd, Soudigate, B. F. Thoma.« w’
Thomas, and Yates— 37. ‘ ’
NAYS-Messrs. Abell, Bell, Brown, Butler, Chilton, Churchill Col¬
lins, Cook, Covington, Culiey, Davidson, Davis, Delancv, Ewin- Fa
ns, Fuhon Giirin, Green, Harris, Harrison, Henry, Ildl, Jiinisf Jen¬
nings, G W, John.ston, W. Johnson, Kennedy, Lee, Lucas, Matson, Me-
gowaii, Meriwether, Morgan, B S. Morris, D. Morris, Patterson, Pen¬
dleton, Pierce, Pryor, Scrivner, Short, Simpson, D. T. Smith, E. Smith
Stevenson, Thompson, Tliruston, Wicklifie, J. Williams, S. Wiiliams j’
White, and S. Young—52. ’ '
umend .said section by striking out
Lim-o/ii irom the and adding it to the fourth district.^
ne^advu question being taken thereon, it was decided in the
1 he yeas and nays being required thereon, by Messrs. Riffe
and-, were as lollows, viz:
YEAS—Messrs. Abell, B.des, Boone, Bowling, Crow, English, Ford,
Fuhon Hayden, Hauser, Hazelrigg, Heady, W. Jolmson, Lorkbarf, Mc-
Doiia <1, D Morns, Nutfail, Ozl.orn, Pi-kett, Riffc, Sanders, Seaton,
y 'V. Tiiomas, and Yates—28
A-Y\S-Mr. Speaker, Messrs. Allen, S. H. Anderson, Bell, Bram-
Ictt, Brown, Butler, Oiiurchili, Collins, Cook, Copeland, Covington, Da¬
vis, Delaney, Dunlap, Ewing, Fans, Gorin, Green, Harris, ilarri.son,
w.
■: i
■*.1. ut
JOURNAT
G. W. .lolmston;
Maxey, Megov/an, Meri-
B. S. Mui i^y, Patterson, Ben¬
ner, Shot-, Simpson, E. Snn'h,
WiekiilFe, S. Williams,
j lIugliGPj InniS) JenningS)
Lce,°McFall, Marshal!, Matson,
iiitgomerv', Morgan,
■ce,Pr'ncei Pryor, Rudd, Sen
B. F. Thomas, Thompson, Thruston.
Voollev, and S. Yeung—GO.
le question being taken tnercon,
», ,„,1 mss being required U.oreon rvere a. fol
-Mess,.. Allen, S. II. Andean, Bnles, 1>«
1 . (jillllGb, lianKj
Paris, Ful.™, M,gow», M.ri-
Mr. Green then moved Fie^previous^^^^
substitute offered Gy Mr. - ’ entirclv superseded by
I,ill,rvas not before the of the Senate’s bill;
.r amendment could be
before the house at the ^fge^s substitute was before
The Speaker declared that M^ . ^ evi-
the house, and was f'^t i . jjj amendment was pending.
'“S; question «». tliun pot, i, the decision ot tl.c choir correct!
«l,ich .VO, decided in «;= „ere us follows:
Thejensoud “ » ^ J > „ rinderson. Boles, Boone, C-
, ling, Bramletl, Brown yi, Fnlton, Gaines, Harris,
Davis, Delaney, Dunlap, Englr<b, L g,
455
Jan. 30.] HOUSE OF REPRESENTATIVES.
W. Johnston, W. Johns'-n, Lockhar*, McAfee, McDonald, McFall, Mar¬
shall, Maxey, May, Montgomery, Mwgan, Murray, Niiltall, Ozborn,
Patterson, Pendlcion, Pierce, Rifle, Sanders, Scrivncr, Shepherd, Simp¬
son, E. SmMi, VV. Sinitli, Suuthgale, Stevenson, W. Thomas, J. Williams,
S. Williams, D. Win e, and S. Young—02.
NAYS—Messrs. Chilton, Churchill, Collins, Gorin, Green, Harrison,
Hill, Innis, Kennedy, Lee, J..ucas, Matson, Megowan, B. S. Morris, D.
M jrris, Pickett, Rudd, Seaton, Shanks, Short, B. F. Thomas, Thomp¬
son, Thruston, Wickliflc, J. White, Woolley, and Yates—27.
A motion having been made by Mr. May to strike out the coun¬
ties of Floyd and Pike from the ninth and to add them to the elev¬
enth congressional district, and the same having been negatived;
Mr. Allen then moved lurther to amend said section by striking
out the county of Edmonson from the third district and adding it
to the sixth disti'ict.
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon were as follows:
YTAS—Messrs. Abell, Allen, Bates, Bocne, Bowling, Bramlett, Chur¬
chill, Copeland, Crow, Cullcy, Delaney, English, Ford, Fulton, Hayden,
Hauser, Hazelrigg, Heady, Hughes, W. Johnson, Lockhart, McAfee,
McD. naid, Maxey, May, Meriwether, Montgomery, Murray, Nuttall,
Ozuoru, Patterson, Sanders, Shepherd, Soulljgale, W. Thomas, J. Wil¬
liams, and D. While— 37.
NAY’S—Messr.s. S. H. Anderson, Brown, Butler, Chilton, Collins,
Cook, Covington, Davidson, Davis, Dunlap, Ewing, Faris, Gaines, Go¬
rin, Green, Harris, Harrison, Henry, Hill, Innis, Jennings, G. tV. John¬
ston, Kennedy, Lee, Lucas, McFall, Marshall, Matson, Megowan, Mor¬
gan, B. S. Morris, D. JMorris, Pendleton, Pickett, Pierce, J^ryor, Ritfe,
Rudil, Scrivner, Sea'on, Shanks, Short, Simpson, D. T. Smith, E. Smith,
W. Smith, Stevenson, B. F. Thomas, Thompson, Thruston, Wicklifle, S.
Williams, J. White, Woolley, Yates, and S. Young—56
A motion having been made by Mr. I). SV'^hite to strike out the
county of Anderson from the fifth and to add the same to tlie sev¬
enth district, and the stime having iieen negalived:
A division of the question htiving been ctillcd for. on Mr. Mc¬
Afee’s amendment; the question was put on striking out the first
section of the bill from the Senate, which was decided in the neg¬
ative.
The yeas and nays being required thereon were as follows, viz:
YEAS—Messrs. Abell, Allen, Bates, B nvling, Bramlett, Cluircliill,
Copeland, Crow, Culley, Davidson, Delaney, English, Ford, Fulton,
Gaines, Hayden, Hauser, Hazelrigg, Heady, Jenniigs, W. Johnson,
JOURNAL OF Till-
Luckharl, McAlec, MaDuiiald, IMaxcy, May, Meriwether, Mcnt^o.nery,
Marraj', Nattall, Ozborn, Rifle, Sanders, Sbeiilierd, Soinhgate, Sievcn-
sou, W. Thomas, J. Williams, and i). White—JS).
NAYS—JMr. Si-EAKEK, Messrs. S. II. Anderson, Bell, B lone, Brown,
Batlcr, Chilton, Collins, Cook, Covington, Davis, Uimlap, B'ving, I'uiis,
Gorin, Green, Harris, Harrison, Henry, Hill, Hughes, Inms, G. W. J.ihn-
ston, Kennedy, Lee, Lucas, M.Fall, Mar.^hall, Matson, Megowan, Mor¬
gan, B. S. Marri.s, D. Morris, Patterson, Pendleton, Pi 'kett, Pierce,
Pryor, Rudd, Scrivner, Seaton, Shanks, Short, Simpson, D. T. Smith, E.
Smith, W. Smith, B. F. Thomas, Thompson, Thruston, Wickhfle, S.
Williams, J. White, Wooiley, Yates, and S. Young—.56.
The said bill was then ordered to be read a third time to¬
morrow. .
\n engrossed bill entitled, an act to imjirovc the navigation ot
Big Canev. a bianch of Green river: was read a third time.
A message' was received from the Senate announcing their dis¬
agreement to bills which originated in this house, ol the following
titles; . r TV •
An act to change an election precinct in the county ot Uaviess.
An act for the benefit of the children of Thom.as Anderson; and,
An act for the benefit of James W. Ewing.
Their concurrence in the amendments proposed by this house
to bills from the Senate of the following titles:
An act to provide for the location of the Lexington and Ohio
Rail Road through the City of Louisville, and for other pur¬
poses; and, 1 ,, i 1 •!
An act limiting the time for wiiich persons may be held to bail
for their good behaviour.
And in those proposed to a resolution from the Senate, concern¬
ing the navig.ation ot the Cumberland and Kentuck) livers.
And their disagreement to the first and second, and concurrence
in the third amendment proposed by this house to a bill from the
Senate, entitled, an act to provide for improving the roads in the
THURSDAY, JAJVUARY 31, 1833,
Mr. E. Smith, from the select committee, to w
i'ed the Governor’s Message of the-instant, n
ing'report:
The select committee, to wdioin was referred the mes
ernor, containing certain resolutions ot the State of
■ aJ .I f T ■ ~~ iovihe purpose of consider ine
a. kie arisen d
tween the States and the General. Government^ have had that sul iect
■nider cons.derat.on, and l,ave agreed upon tite following report:
The State of South Carolina, in her legislative capacity ha. adont
od a lesolunon, requesting “a call of a Convention of the sfates the
LTsTav s«ch questions of disputed j)ow-
would be ns powers when assembled; and after the most'^carS Zln
tion, and sober reflection upon the subject thevhnvnL T ?
conclusion, that there is no authority in (he Constitution of the UniLd
States, tor a convention of the State, for tlio c
. 0 ,. or^
but that such a convention can only be called “onnn tb«. i- ■ *’
.1.0 or or Joovo™, L r ;:e“
We are aware of the importance of this question, and have tb
lore, exammed it with the utmost catnion. If South baiolina '
in supposing that a convention of the State. 1
JOUHNAl
, ,vc refer to the language (
hat “this consUtulion, an.' 'he
inade in pursuance thereof, a
under the authority ot the
,e land; and the j'x'ges
.2 in the constitution or laws
S ate. l‘or tne uuu. ... .
conshtuh n, in winch it is declared, t
of the United States, which shall he
treaties made or winch shall be made
S ates, shall be the supreme law ot
S ate shall be bound thereby, any thir
State to the contrary notwithstanding
Let us, however, pursue this subje
,vdmttriuunal is there to settle quest'
States and General Governmen-.. •
of a political character, as not to he broug
nroceedimq in which cases an appeal m
,13, bu..
p,.,i«el If tltese appeals tail, tnen
_.in.mnt to ^deld our assent
ne step further, and enquire,
of disputed power between the
may arise (picstions so purely
,ht within the forms of judicial
aVtotonlybemadetothepco-
. .ht be called for the purpose of
° to the ratification ot
attempted to be ex-
other remedy; and
to the proposition, that the
is ihe exel..si.e ,«lgo of ' “ P" ” J,,
,,e ..fe.y in «». * “.0 W™ ol inf™-
l 1 and obligatory. ^neelfipd any of the dis-
.ohe
hlch she desires to be luou ^^.^^ture on this sub-
„„,,..c.nnnin.o™;cP‘™
31] HOUSE OF representatives. 459
and happiness of the people ot the bcates convention
,.<1 S.a»s. which w»W ho V. ,a i.
.he 0 ^. 3 . »..=».
—-- - “ • -
quest to Congress q “ooTernor of this State be requested
3. RcsoZrcd/«rt/ier, 'Ihatthe U ^l,c Governors of
to transmit copies ot this ® Legislatures thereof; and also
fore Cmigjss for consideriUic^^^^ forthrvith print 150 copies of
Ordered, lhat tlie members of this house.
“'Sir"s's-il"”-'‘hi iol. co,.™ittee eppeihted 1. e^ne
“'Virissrr w
‘“13 Sil 'f prrj .0 h *^£33
ea them, ...d ‘”7^ *rB^mSiTi‘3i-’ of it*
have been expecte , ,„„cp,t m the first place on comparative-
■ interior buildings. <-on.n.^ceA in the hr t p ^ ^ .
ly a small scale, it 1 as been accumulation of
as necessity requirec. ^ heterogenous in their construc-
a mass of buildings, detached . M space u iilun
3Sb,SLyii:^3r3el,.hme. eutitc, rehodt.
JOURNAL OF THE
[Jan. 31.
And they are of oj)inion that it would be comsisteiit wilh a due
regard to economy, on the pai t of the state, (o do so, wlien it is
iccolletled that a considerable amount must necessarily be expend¬
ed, oefore many years, for repairs, which will be renuiicd, if the
m tiUition IS not rebuilt. As many of .he old malerilils wo’uld en-
ter into the construction of new buildings, they are decidedly ot
opinion that the state would tind it to her advantage to rebuild
rather than repair this institution.
ovwff "'ouW iiirther report, that they did not go into a thorough
fi-.iiH I V oath, they are of opinion that no injustice or
h.iud has been practised on the state; and from the manner of
^ coHoot think it posSiiile, so long as
the Llerk appointed by government remains faithful. They wit-
nessed with regret the extent to which individuals had become in-
institution; and whenever a final settlement is had
1 1 the present incumbent, your committee would bog leave to
cSlj^teii;™^"'^^' ""'"-"'if -boilung, the
riiey examined the Assistant Keeper, on oath, as to the dieting,
police, &e. and from his answers, think that the unfortunate and
degiaded inmates of this prison are furnished plentifully wilh sub¬
stantial and nourishing food. And although corporeal punishment
has, in many cases, been resorted to, and in a few, probably to an
extent no tolerated outside die ivalls of a prison. Vet your com"
mittce, aftei taking into view the class of individuals with whom
the Jveeper has to deal, are doubtful as to the propriety of abol-
3shing that mode of punishment entirnlv.
!]
%
Ja.n. 31 .] house OF repiIesentatives. .;r
An !T S" Mizncr, deceased.
An act to change the name ol JnIn(^s liai vey.
■ ‘I'f. I^enellt of Achilles Jasper, of Pulaski county.
Oil the motion of Air. Ojivisc ^
of^hrrn'"? Tx' ''' proceedings
of the Court of Assessment of the IMth Raiment, Kcmtuckv Ali-
htia; and, Rleasrs. Davis, B. F. Thomas, and Simpson, were ap-
pointed a comrnittee to prepare and bring in the same. ^
iVlr. ttnlton, Irom the committee on iiaeraal improvement^ to
Hie cha tei ol the Shelbyville and Couisville Tui npike Company
K be , amendment. Said bill was then <lrde^'-
ea to lie lead a third time to-morrow.
Ml. Delaney moved the following resolution:
[The resolution relerreci to was not found in the papers of the Clerk
We believe, however, that the substance of the resolu.ion was to print
ten thousand copies of the President’s proclamation and messas'c, in re¬
lation to South Carolina.]— Printer.
the seconded to lay the said resolution on
aflirmative!taken thereon, it was decided in the
The yeas and nays being required thereon were as follows, viz:
YEAS—Mr. Speakkr, Mes.srs. S. II. Anderson, Bwiie, Butler, Chil¬
ton, Chiirdnll, Colhn.s, Cix.k, Covington, Davis, Dunlap, Ewing, Paris,
Gaines, Gorin, Green, Harris, Harrison, Hazelrigg, Hill, Hughes, hi-
nis, Jennings, G. W. Johnston, Kennedy, Lee, Lucas, Mat.son, Me^ow-
an, Morgan, B. S. Morris, D. Morris, Pickett, Prince, Rudd, Scrismer
Seaton, Shanks, Short, Simpson, W. Siniih, Southgate, B. F. Thomas’
Ihompson, S. Williams, and Woolley—40
NAYS-Messr.s. A' ell, Allen, Bell, Bowling, Bramletl, Brown, Crow,
Gulley, David-son, Delaney, English, Ford, Fulton, Hayden, Hau.scr,
Lockhart, McAfee, McDonald, Mc-
Iall, Marshall, Maxey, May, Meriwether, Montgomery, Murray Oz-
born, Patterson, Pendleton, Riffe, Sanders, E. Smith,'S cvensui, W.
Thomas, Thrn.ston, Wickliffe, J. Williams, D. Wldtc, J. IVhite Yates
and S. Young-—14. > • j
joint
twky, rimt the Governor be and he is hcrcdiy requested to cause
to he procured, the best pl.an that has been devised of mi arsenal,
the bccunty ol the public ordnance, arms, and accoutrein.-iiis,
and report the same to the next General Assembly, together with
» J . I J
•iG\i
a.e number and Idnd of arms now on “//7;jr.tJte';Ud"on
i„.ve l.ccn ‘li«" '“'J ™“:;, "rjZLl i.'. »..i .l«e ,
what terms let out; also, ho ' ^ j srovenmient, and not jet
the Slate of Kentucky from the geaeiai ^
(|uest tlicir concuricnce.
JOURNAL OF THE [J^n. 31.
,..cir concurrence. iiistice, to whom
Mr. Ewing, from the atrd county courts in the
vas referred a bill to regulat I amendment;
rfteenth judicial district: ‘iud bill, as amand-
yhich being twice read :'^P^ ' ^ ^ time to-morrow.
a, h“c- ,0 ,.ho,n , „s , c.fo,red a
jtfr. Lwmg, from l-'ie m regulating
bill from the Senate, entitle ^ 3,„,,e w ithout amcad-
mwi” Tl” »U W™* ii‘« «*'“■''“
'“Ciollowin- Mils were reporlcd from the ae.eral committees
•appointed to prepare a'’"'f^II,-a!ee*™i)roU“‘'"™
anfeC'f A'tm »■' ”■
lou'’- \ bill to repeal so much of the law as pro-
aHsSlS,»«=-adrerti.
’"'li^Sr't^rg'frTiiere.nmittee for court, of Ju,tice-5, A
Mil to amend the penal laws.
Which hillii "''“f'''pSi^dVTed™ be'read a sccot.d time,
the first, third, fourth and W ^ ji,,, ihe second bill a se-
e„;j,"fi^^ rsre'’SSSc"d“ Ihe nelatire, and so the sa.d
“SirnSi- the rule of >;ou-,
„„a second and third reading of he l^l. Urn j
’'“SS St •'-* “““
"“ordlSrSat the ClcrK carry the said hill, to the Senate and
'Tt:“::=::d reroute
.ideredion, a bill to establish a State Ranlc
HOUSE OF REPRESENTATIVES. 463
And the question being taken thereon, it was decided in the
""m-yeas and nays being required thereon were as follows ^riz•.
BCI. Bp. ns. tom-
let! Brown, Cliihon, ChurLlnll, Cuok, Copelain., Ciow, u e> ,
iuitv, Daiv.a,, English, Ewing, Fulton, Gonn, Harris, Harrison,
Hayden, Hauser, Hazelrigg, Henry, Hill, Inms, Jet!, V . Johnwn, Le ,
LuLs, M :Atee, M Donald, M.-Fall, Matson, May, Megowan, Montgom¬
ery M-.r'mn, Nuttall, Ozborn, Patterson, Prince, Pryor, Rude San.ei.,
I'hr iston, J. VVihiain-, D. White, Woolley, Yates, and S. You „ • ■
NxiYS— Messrs. B.iies, B lone, B itler, Cohins, Davidson, Fans, ,
Pierce, Sc. ivner, Seaion, Shank.-, Sh r., Simpson, D. d. Smuh, B. b.
^itte^of' ^rolments, reported
J'ic i.r.i C... 0 II 0 B Bill, of the follo.v...g
titles, and had found the same truly enrt.lled, uz:
^ An act authorising the sale of the slaves ot infants.
An act concerning the town of Adairsville.
An act to incorporate the City of Majsville. _
In act to extend the powers of the road commissioners ot
Bracken county . existence in relation to Head-
right sSlers^^nd to dispose of the balance of the debt due from
t S cLs of debtors to the purposes of interna improvement.
1“ s s .r ...e
lielrs ot Samuel Shannon, deceased.
An act for the beneftt of Spencer Curd’s representatives.
M S 1“ ».tl.o.i.e the trUc. ot the tow,, of R.ch.oood to
'“l,.\':t\o“ .tia "r^cuo W Ob..,■..Clio.,, to oovigatio,,
Ordered ^Tiiat Mr. Prince inform the Sepate theieof.
Mr Prince, from the joint committee ol enrolments, repoite
that the clmlttee h,h ^..n.ined enrolled hill, ot the foUow.ng
titles, and had found the same truly enrolled, viz;
in act authorising the Trustees of the Kentucky Baptist Edu¬
cation Society to emancipate a slave.
An act for'the benefit of the Cumberland Hospital.
An act limiting the time for which persons may be held to hai
for their good behaviour.
JOURNAL OF THE
iGi
[J an. 3i.
An act to a|)|)ro])riatc a sum of money for tlic purpose of im¬
proving the navigation of the - umberland river, at Smith’s slioals,
and the big Souiii t''ork ot said l iver up to the coiil hanks.
An act providing for opening a road t'rom 'I'aylorsville, in Spen¬
cer county, to Jclfersontown, in JetFerson county, and for otlier
purposes.
. .nd a resolution concerning the opening and improving the
navigation of ttie Cumberland. Kentucky and Ucking rivers.
^Vilereupon, the Speaker atlixed his signature thereto.
Ordered, ThatiMr. Jb-ince inform ilie Senate thereof.
An engrossed bill entitled, an act for the improvement of the
navigation of big (’aney, a branch of Rough creek: was read a
thii-d time, and amended by an engrossed clause, liy way of ryder.
Resolved, That the said bill do pass, and tliat tlie title thereof
Ijc as aforesaid.
Ordered, That the Clerk carry the said bill to the Senate and
reipiest their concurrence.
'f'hc boose took up for consideration the amendment made by
the Senate to a bill wiiich originated in this house, entitled an act
to authorise the qualitied voters of Hickman county to select ei¬
ther Moscow or C’linton for a permanent seat of justice, for said
county, and for other purposes; which Avas read as follows:
Strike out the whole ol the bill, after the enacting clause, and
insert:
That the legal and qualified voters of the county of Hickman
shall have the pi ivilegc, at their election for members of the Gen¬
eral Assembly of the Commonwealth, in August, 1833, to meet at'
their respective precincts, in said county, and vote, viva voce,
whether their seat of justice shall lie removed to the town of Mos¬
cow, or remain at the town of Clinton.
Sro. '2. Be it further enacted. That the judges appointed by the
county court of Hickman, to superintend tiie election for members
to tlie (xeneral. Assembly of tliis Commonwealth, in Jvugust, 1833,
shall open two columns on their poll-books, one for the town of
Moscow and one for the town of t linton; and shall permit the
qualified votcu's of said county to vote for the removal of said seat
ol justice to Moscow or remain at Clinton. And the laws now in
force in regard to the election of members of the General Assem¬
bly of this Commonwealth, shall govern and direct the judges,
sheriffs, and clerks ot said county, in holding said election, in re¬
moving said seat of justice.
Sec. 3. B: it further enacted. That if, at said election, there
shall be given a majority of one hundred and fifty votes, of the
legal and qualified voters of said countv. for the town of Moscowq
then and in that event the said seat of justice shall be and remain
permanent at the town of Moscow: Provided, hnivever, 'Phat the
sum ol two thousand dollars be paid, or secured by bond with se-
HOUSE OF REPRESENTATIVES,
curity, approved by a majority of the justices of tlie peace of the
said county, said bond payable to the justices of said county court
of llickmitti, in two aunu.d instalments, viz; one thousand dollars
of said money payable one year after the first Monday in August,
18;?3, and one thousand dollars, payable in twelve months after
the first Monday in August, 1834.
Sec. 4. iJs it furlhrr enacted. That the clerks of the circuit and
coiinty^courts of said county of Hickman shall, when notified in
writing Ity the county court, that the town of Moscow has receiv¬
ed a majority of one hundred and fifty votes, and that the afore¬
said sum of two thousand dollars has been paid, or secured to said
county court, remove the records and papers, belonging to their
respective offices, to the town of Moscow within ten days after the
service of said notice: Provided, however. That suitable houses or
rooms be prepared by said county court of Hickman for said re¬
cords and paper.
Sec. 5. Be it further enacted. That nothing in the foregoing act
shall be construed to take effect until the first Monday in March,
1834, except the election hereby provided for.
It was then moved and seconded that this house disagree to the
said amendment.
And the question being taken thereon, it was decided in the
affirmative.
The yeas and nays being required thereon were as follows, viz:
YEAS—Messrs. Aliell, Allen, Bates, B.iwling, Bramleft, Brown, But¬
ler, Chilton, Churchill, Collins, Copeland, Crow, Cul.ey, Davidson, Da¬
vis, Delaney, Dunlap, English, Paris, Fulton, Gaines, Green, Harris,
Hayden, Hauser, Heady, Hill, Hughes, Innis, Jett, G. W. Johnston, W.
Johnson, Kennedy, Lee, Lucas, McAfee, McFal', Matson, Maxey, May,
Megowan, Meriwether, Montgomery, Morgan, Murray, Oz orn, Patter¬
son, Pendleton, Pierce, Pryor, Rudd, Sanders, S rivner. Sea on, Sliank.',
Shepherd, Short, E. Smith, VV. Smith, Southgate, S.evenson, VV. Thom¬
as, Thruston, J. Williams, D. White, Woolley, Yates, and S. Young
NAYS—Messrs. S. H. Anderson, Boone, Cook, Covington, Ewing,
Gorin, Harrison, Hnzelrigg, Henry, Lockhart, Mur.ohall, B. S. Morris,
D. Morris, Pickett, Riffe, Simpson, D. T. Smidi, B. F Thomas, Thomp¬
son, Wickliffe, S. Williams, and J. White—22.
Ordered, That the Clerk inform the Senate thereof.
The house proceeded to reconsider their first and second amend¬
ments proposed to a bill from the Senate, entitled, an act to pro¬
vide for improving the roads in the counties of Floyd and Perry.
Resolved, That this house recede from their first tind second
amendments to said bill.
Ordered, That the Clerk inform the Senate thereof.
4(3G journal of THE , [Jan. 31.
The house took up the amentlments proposed by the Senate to
hills which orign^Jited in this house of the following titles:
An act to amend an act entitled, an act to authorise the cstab-
lishins of private passways, approved Dec. 13, 18'iO.
An act for the benelit of Jacob Miller, of Simpson county; and.
An act to change the time of holding certain circuit courts, and
for other purposes. . ,
Those proposed to the two first hills were concurred in, and
those to the latter disagreed to.
Ordered, I'hat the Clerk inform the Senate thereot.
The house took up tor consideration the amendments proposed
by the Senate to a hill which originated in this house, entitled, an
act to amend the law imposing a tax on merchandise.
The amendment proposed by the Senate was then read as tot-
lows :
Add to the bill as an additional section: , . , ,
acted, J'hat for the year cigtecn hundred and
■ thereafter, there shall he
1 each one hundred dollars of
, which sum shall be collected and accounted for
’ - ■ in the same manner, sub¬
conditions, limitations and restrictions as are now
' ; revenue,
question; and the ques-
110 w put? it was dcci-
were as follows, viz:
is, Cook, Cov-
■is, Henry, In-
:, Marshall, Matson,
Pendleton, Pickett, Pierce, Prince,
Short, Simpson, W. Smith, B. F.
Wickliffe, S. Williams, J. White, Woolley, and Yates
ig. Brown, Chil-
Culley, Davidson, Delaney, English,
Hazelrigg, Heady, Hill,
McAfee, McDonald, McFall, Maxey,
, Patterson, Rifle,
W. Thomas,
Be it further cn
thirty-three, and each and every year
levied and collected, ten cents upon cc
taxable property,
by the collectors of the public revenue,
ject to the same (-
'prescribed by law, for collecting the public
Mr. Woolley called for the previous
tion was taken, shall the main question be
ded in the negative.
The yeas and nays being required thereon
YEAS—Messrs. S. H. Anderson,
i. Bell, Butler, Collini
ingt'm, Davis, Dunlap, Furls, Gaines, Gorin, Green, Harr
nis, Jenninis, G. W. Johnston, Kennedy, Lee, Lucas.
Meriwether, B. S. Morris, D. Morris,
Prvor, R idd, Scrivner, Seaton, Shanks,
Thomas, Thruston, ’
—44.
N y YS—Messrs. Abell, Allen, Bates, Boone, Bowling,
ton, Churchill, Copeland, Crow,
Ewing, Fulton, Harrison, Hayden, Hauser,
Hughes, W. Johnson, Lockhart, i_-
May, Megowan, Montgomery, Murray, Nuttall, Ozborn
Sanders, Shepherd, D. T. Smith, Southgate, Stevenson,
Thompson, J. Williams, and S. Young—4G.
The question was, after some debate, taken on concurring m
the said amendment of the Senate, and decided in the nega ivc,
and so the said amendment was disagreed to.
Jan. 31.] HOUSE OF REPRESENTATIVES.
4G7
The yeas and nays being required thereon were as follows, viz:
YEAS—Mr. Si’EAKKR, Messrs. Bell, Boone, B.itler, Covington, Dun-
la)), Gaines, Green, Harris, Harrison, Henry, Innis, Jenning.“, G. VV.
Johnston, W. Johnson, Kennedy, Lee, Lucas, Marslial!, Matson, Meri¬
wether, B. S. M-irris, D. Morris, Pickett, Pryor, Rudd, Seaton, Short,
IV. Smith, Stevenson, Thruston. VVick.iffe, Woolley, and Yates—34.
NAYS—Messrs. Aoell, Allen, S. II. Anderson,Bates, Bawling, Brown,
Chilton, Churchill, Collins, Cook, Copeland, Crow, Cuiley, Davidson,
Davis, Delaney, English, Ewing, Paris, Ford, Fulton, Gorin, Hayden,
Hauser, Hazelrigg, Heady, Hill, Hughes, Lockhart, McAfee, McDon¬
ald, Maxey, May, Megowan, Montgomery, Morgan, Murray, Nuttall,
Ozborn, Patterson, Pendleton, Pierce, Prince, lliffe, Sander.^, Scrivner,
Shanks, She|)herd, Simpson, D. T. Smith, Soudigate, B. F. Thomas, W.
Thomas, Thompson, J. Williams, S. Williams, D. White, J. White, and
S. Young—59.
Ordered, That the Clerk inform the Senate thereof.
A bill fj'om the Senate, entitled, an act to amend the law pro¬
hibiting the importation of slaves into this state: was read a third
time.
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
The yeas and nays being required on the passage thereof were
as follows, viz:
YEAS—Mr. Si’eakek, Messrs. S. H. Anderson, Bates, Bell, Boone,
Brown, Butler, Chilton, Collins, Cook, Covington, Davidson, Davir, D n-
lap, Ewing, Faris, Ford, Gaines, Gorin, Green, Harris, Henry, Hill,
Innis, Jennings, G. W. Johnston, Lee, Lucas, M -Alee, Murshall, Mat-
son, Maxey, Meriwether, Morgan, B. S. Morris, D. Mjrris, Nuttall,
Picket*, Pierce, Prince, Pryor, Rudd, Scrivner, Seaton, Shepherd, Simp¬
son, D. T. Smith, W. Smith, Southgate, B. F. Thomas, W. Thomas, D.
White, J. White, Woolley, Yates, and S. Young—5(3.
NAYS—Messrs. Abell, Allen, Bowling, Churchill, Copeland, Crow,
Deianey,English, Harrison, Hayden,Hauser, Hazelrigg, Heady,Hughes,
W. Johnson, Kennedy, Lockhart, McFall, iMay, Montgomery, M uray,
Ozboin, Patterson, Pendleton, Riffe, Sanders, Short, E. Smith, Steven¬
son, Thompson, J. Williams, and S. Williams—32.
Ordered, That the Clerk inform the Senate thereof.
A hill from the Senate, entitled, an act to'aiithorse an addition¬
al subscription, on behalf ol the (Commonwealth, in the capital or
joint stock of the Alaysville, Washington, Faris and Lexington
Turnpike Road Company, and to amend tlie several acts incorpo¬
rating said company: was read a third time.
m JOURNAL OF THE [J,vn. 3L
Mr. Drivis tlien moved to attach thereto the following sections,
bj way ol ryder, viz:
Be it furtli r cii.ictcd, That the sum of ten thousand dollai's be
and the same is hereby appropriated, out of any money in the
treasury, not otherwise appropriated, to be applied and used to
the improvement of the road from . exington to the bioulh of Pig
Sandy, by way of Winchester, Mount Sterling, and Owingsville;
and that poj'tion of said road lyiiig between John M. Rice’s, in
the county of Rath, and the Mouth of big Sandy.
Be it farther enacted, That John M. Rice, of the county of bath;
Henry S. Powers, of the county of Morning; Gabi i' 1 Scott, Rob¬
ert lienderson, and iloratio Catlett, of the county of Greenup—
any three of whom, or their successors, shall have the powei' of
performing the retjuisilions of this act—shall be appointed com¬
missioners, each of whom shall, before he enters on the discharge
of the duties retpiircd by this act, in the county court of the coun¬
ty where he resides, enter into bond, payable to the ('omnion-
wealtn of Kentucky, in the penalty of three thousand dollars, con¬
ditioned for the faithful performance of all the duties reejuired by
this act, of him, with good and sufficient security, to be approved
by said court.
Be it further enacted, That it shall be the duty of the commisr
sioners, appointed by tlie second section of this act, to superintend
the repairs and improvements of said road, by causing the same
to be widened, the hills dug dowm, causew'ays made, where it may
be necessary, and bridges built across the streams, and in such oth¬
er manner as they may deem most advisable.
Br. it further enacted. That the Auditor of Public Accounts be
and he is hereby authorised to issue his w'arrant upon the Treas-
ury for the sum of ten thousand dollars, upon the production of
the clerk’s certificate (with the seal of the county court thereto
attached) that the commissioners have entered into bond, accor¬
ding to the provisions of this act, and have taken an oath to im¬
partially, faithfully and truly carry into effect the provisions of
this act, so far as it may be within their power.
Be it further enacted. That said commissioners shall appoint a
gate-keeper, to superintend the turnpike gate now erected at Ga¬
briel Scott’s, in Gi’eemip county; who shall receive the following
rates of toll for passing the same: for each peison, (except wo¬
men, and children under ten years of age,) six-and-a-fourth cents;
for every horse, mare or mule, six-and-a-fourth cents; for every
tw'o w'hcelcd carriage, twenty-five cents; for every four wheeled
carriage, fifty cents, (except pedlar's wagons or dearborns, twen¬
ty-live cents;) for every head of neat cattle, three cents each; for
every hundred head of hogs, fifty cents, and at the same rate for
a greater or less number. And the said commissioners shall have
full power to erect ah additional turnpike gate and appoint a gate-
Jan. 31.J HOUSE OF REPRESENTATIVES. 4G9
keeper, if they shnll deem it necessary, to be erected at any point
on said road, between the gate now erected and the Mouth of Big
Sandy. And if the gate siiall l)e so erected the keeper thereof
shall demand and receive only the one half of the several tolls as
aforesaid. And if any person shall forcibly pass, or attempt to
pass, the said gate or gates, without paying the tolls aforesaid, or
directly avoid or .attempt to avoid it, he or they shall forfeit a!id
pay ten dollars for every such oifjuce, recoverable before any Jus¬
tice of the peace, by warrant, in the name of the commissioners.
Bn it farUi-r mtichd. That before the said keeper, or keepers,
sha.ll enter on the discharge of bis or their duties, said commis¬
sioners shall cause him or them to execute a bond or bonds to said
commissioners, and their successors in ofiice, in Ihe penalty of one
thousand dollars, with good and sufficient security, conditioned for
the faitnfal performance of his or their duly; the colh'ction of the
tolls herein imposed, and the payment of the proceeds thereof to
said commissioners, on reiiuest; and the same, wdien taken, shall,
by the said commissioners, be deposited by one of them in the
clerk's ollice of the Bath county court. And tor any breach of
the conditions thereol' suit may be instituted by the said commis¬
sioners, or their successors, in the circuit court of any county in
which any of said obligors may be found; and the same may be
put in suit, from time to time, as often as may be, until the pen¬
alty may be recovered.
Be it further cnnctrd, That whenever a sum sufficient shall be
received from the tolls, it shall be the duty of said commissioners
to pay into the treasury of this state, to the Treasurer thereof, the
sum of five per centum per annum, on the said ten thousand dol¬
lars; and the same to pay, as aforesaid, annually thereafter, if
there shall be so much arising from the tolls, and the balance of
the proceeds to be laid out in the continued repair and improve¬
ment of the road, except the sum to be employed in procuring a
gate-keeper or gate-keepers, which shall not exceed one hundred
dollars each, per anum, and seventy-five cents per day to each
commissioner for every day in which they are engaged in the per¬
formance of their duties; and with this further exception, that
one fifth of the nett profits of the gates on said road shall be ap¬
plied by said commissioners, and laid out in the continued repair
and improvemenf of the road leading from Flemingsburg to San¬
dy Salt Works, beginning at Robert Plumers, at the crossing of
Fore’s creek, and intersecting the Sandy road at Joshua Knapp's.
Be it further enacted, That the gate-keepers and commmission-
ers shall, before they enter on the duties of their office, make oath
before the county court before wdiich they may execute iiond, as
required by this act, that they will well and faithfully perform all
the duties required of them by this act. The said commissioners
shall have power to fill any vacancy which m.ay occur, as to them-
ki.
I
479
Ti, • i.'
■■ '' 1 '
t'
JOURNAL OF THE [ Jan. 31.
selves or gate-keepers; and moreover, sliall annually report to the
Legislature the extent of improvement caused to I'C made on said
roads, and the amount of tolls received, together with an account
of the services rvhich they have pei formed.
Be it further enacted, That the gate-keepers shall be subject to
removal at the pleasure of the commissioners, and that the com¬
missioners shall be subject to removal by flic county court of ttie
county in which they sliall live: Provided, hoteevnr. That they shall
have at least ten days notice of any application for their removal:
Jlnd provided, further, Tliat there shall he a majority of the jus¬
tices of the peace upon the bench when said trial sliall be had,
a majorit}' of whom shall concur in the removal.
And the question being taken on the adoption thereof, as a ry-
der to the bill, it was decided in the negative.
The }eas and nays being required thereon w^ere as follow's:
■ YEAS—Messrs. Abell, Collins, Cock, Crow, Culloy, Dai is, Delaney,
Harris, Hayden, Hauser, Heady, Jennings, Liwkliai'i, Mar.shali, May,
Megowan, Meriwether, IMorgan, Murray, Nuttall, Ozborn, Rifle, Scriv-
ner. Shepherd, Simpson, Wi'.klilFe, and .1. White—’27.
NAYS—Mr. Spe.akeu, Alessrs. Allen, S. H. Anderson, Bates, Boone,
Brown, Butler, Chilton, Cojieland, Covington, Davidson, Danlaji, Eng¬
lish, Ewing, Faris, Ford, Fulton, Gaines, Gorin, Green, Harrison, Ila-
zelrigg, Henry, Hill, Hughes, Innis, G. W. Johnston, W. Johnson, Ken¬
nedy, Lee, Lucas, McAfee, McDonald, M Fall, Matson, Maxey, B. S.
Morris, D. Morris, Patterson, Pendleton, Pi-kett. Pierce, Prince, Pryor,
Rudd, Sanders, Seaton, Shank.s, Short, E. Smith, W. Smith, Southgate,
Stevenson, B. F. Thomas, W. Thomas, J. Williams, S. Williams, Wool-
ley, Yates, and S. Young—GO.
The question was then taken on the passage of the bill, which
was decided in the affirmative.
The yeas and nays being required thereon were as follows, viz:
YEAS—^IMr. Spe^cker, Messrs. S. H. Anderson, Bates, Butler, Chil¬
ton, Cook, Covington, Dunlap, Faris, Fulton, Gaines, Gorin, Green, Har¬
ris, Harrison, Henry, IliM, Inni.', Jennings, G. W. Johnston, W. Johnson,
Kennedy, Lee, Lucas, McFall, Marshall, Matson, May, Megowan. Meri¬
wether, Morgan, B. S. Morris, D. Morris, Pickett, Pierce, Pryor, Ritfe,
Rudd, Seaton, Shanks, Shepherd, Short, Simpson, E. Snii h, W. Smith,
Stevenson, B. F. Thomas, Thru.ston, Wickliffe, S. Williams, D. White,
Woolley, Yates, and S. Young—54.
NAYS—Messrs, Abell, Allen, Boone, Bowling, Brown, Collins, Cope¬
land, Crow, Culley, Davidson, Davis, Delaney, English, Ewing, Ford,
Hayden, Hauser, Hazelrigg, Heady, Hughes, Lockhart, McAfee, Mc¬
Donald, Maxey, Montgomery, Nuttall, Ozborn, I*atterson, Pendleton,
Jan. 31.1 HOUSE OF REPRESENTATIVES.
•Hi
Prince, Scrivner, D. T. Smith, Southgate, W. Thomas, Thompson, .T.
Williams, and .1. White—37.
Ordered, That tiic t.'lerk inform the Senate thereof. I
A bill from the Senate, entitled, an act to authorise an addi- ’ ;
tional sub.scription, on behalf of the Commonwctillh, in the stock
of the Board oi]. Internal improvement for Shelby county, and for
other purposes: was read a third time. C -
Resolved, That the said bill do pass, and th;it the title thereof - r
he as aforesaid. , %
The yeas and nays being required on the passage of said hill il
were as follows, viz: ’ ‘
YEAS—Mr. Speaker, Messrs. A. Anderson, S. II. Anderson, Bates,
Bell, Boone, Butler, Chilton, Cook, Covington, Culley, Dunlap, Paris, !
Gaines, Gorin, Green, Harris, Harrison, Henry, Hill, Innis, Jennings, |i
G. W. Johnston, W. Johnson, Kenned)', Lee, Lucas, McFall, Matson,
May, Meriwether, B S. Morri.s, U. Morris, Pickett, Pierce, Pryor, Rifle,
Rudd, Sanders, Seaton, Shanks, Short, Simpson, E. Smith, W. Smith, '
Stevenson, B. F. Thomas, Thruston, Wickliffe, S. Williams, D. White, J-
Woolley, Yates, and S. Young—54.
NAYS—Messrs. Abell, Allen, Bowling, Brown, Collins, Copeland, '■
Crow, Davidson, Davis, Delaney, English, Ewing, Ford, Fulton, Hay- t
den, Hauser, Hazelrigg, Hughes, Jett, Lockhart, McAfee, McDonald,
Marshall, Ma.xey, Megowan, Montgomery, Morgan, Nuttall, Ozborn, '
Patterson, Pendleton, Prince, Scrivner, Shepherd, D. T. Smith, South-
gate, W. Thomas, Thompson, J. Williams, and J. White—40. ,i
Ordered, That the Clerk inform the Senate thereof.
A message was received from the Senate announcing that the
Senate recede from their first, second, third, fifth, seventh, eighth, ,
fourteenth, fifteenth, sixteenth and eighteenth amendments pro- ,
posed to a bill from this house, entititlcd, an act to incorporate a
company to establish a turnpike road from the City of Louisville,
by the Alouth of Salt river, Elizabethtown, Alunfordsville, and I'
Bowlinggreen, to the state line, in a direction to Nashville. '
And their disagreement to a bill which originated in this house, '
entitled, an act for the divorce of Daniel ancl Elizabeth Royalty. ^
Mr. Prince, from the joint committee of enrolments, reported j
that the committee had examined enrolled bills of the following
titles, and had found the same truly enrolled, viz:
An act to authorise an additional subscription, on belialf of the i
Commonwealth, in the stock of the Board of Internal Improve¬
ment for Shelby county, and for other purposes.
An act to amend an act entitled, an act to authorise the estab¬
lishment of private passways, approved Dec. 13, 18‘20: and.
An act to establish the I.ouisville Bank of Kentucky.
47^
JOURNAL OF THE
[Jan. 31.
Wliereupon the Speaker aflixeil his signature thereto.
Ordcra!^ Tliat Mr. Pi'ince inloriTi tlie Senate thereol.
An engrossed l)ill enti'.led, an act to establish a State Bank:
was read a third time, and amended by an engrossed clause, by
Avay of rytlej’.
Air. Lwing then moved further to amend said bill by adding
thereto tlie tbllowing engrossed clause, by way ot rydeia
Be it f irth r enarted, That there shall be one of t!,e branches
directed in ttiis act. located on the South side of Green River, by
said Ih'esident and Directors, having, in said h^cation, due regard
to centrical position, commercial advantages, and btink accommo¬
dations, in tliat grand division of the state. •
And the cjuesiion being taken on adopting the pi'oposcd amend¬
ment, as a ryder to the Mil, it was decided in the negative.
The yetts and nays being required thereon were as tollows, viz:
YEAS—Messrs. Acell, Bell, B.> )ue, Bowlin.^, Crow, Culley, David¬
son, Davis, Delaney, Ewing, Faris, Ford, Fulton, Gaines, liazelrigg,
Heatiy, Henry, Il.igbes, W. Johnson, Lockhart, M 'Afee, Ma.vey, May,
M iiitgomery, Nutta!!, Ozborn, Pa 'erson, Penfileton, Prince, Ritte, Short,
Simpson, D. T. Sini‘h, Southgate, Stevenson, W. Thomas, Thompson,
S. Williams, an.i S. Young—39.
NAYS—Mr. Si’Eakek, Messrs. Allen, S. H. Anderson, Bates, Bram-
lett, B (tier, Chilton, Churchill, Collins, Cook, Copeland, Covington, D m-
lap, English, Gorin, Green, Harris, Harri.sen, Hayden, Hauser, Hill,
Innis, JeU, G. W. Johnston,Kennedy, Lee, Lucas, Marshall, Megowan,
Meriwether, Morgan, D. Morris, Picker, Pryor, Rudd, S'.ndprs, Seriv-
ner, Seaton, Shanks, Shepherd, E. Smith, W. Smi h, B. F. Thomas,
Thruston, Wickliffe, J. Widiams, D. White, J. White, Woolley, and
Yaies—50.
The question was then taken on the passage of said bill, which
was decided in tlie negative; the house being equally divided.
The yeas and nays being required ihoreon were as follows, viz:
yeas—M r. SpEAKEit, Messrs. A el!, Aden, Bell, Bowling, Bramlett,
Chihnn, Churchill, Cook, Copeland, Culley, Deiaiiey, D in.ap, English,
Futon, Gorin, Harris, Hayden, Hauser, Hazelrigg, Heady, Hill, Jett,
W. Johnson, Lee, M Alee, M Donald, M Fall, Matson, May, Meri¬
wether, Mon gomery, M .rgan, Nuttall, OzoOrn, Piin e, Pryor, Raid,
Sanders, Shepherd, E. Smith, W. Smith, Southgate, S evenscn, Thrus¬
ton, D. VVhi e, and Woolley—47
NAYS—Messrs. S. H. Anderson, Bites. Boone, Butler, Collins, Cov¬
ington, Crow, Davidson, Duvis, Ewing, Fans, Fi.rd, Gaines, Green, Har¬
rison, Henry, Hughes, Innis, G. W. Johnstor, Kennedy, I.ofkhari, Lu¬
cas, Marshall, Maxey, Megowan, B. S. Morris, D. Morris, Murray, Pat-
Jan. 31.] HOUSE OF REPRESENTATIVES. 473'
terson, Pendleton, Pickett, Rifle, Scrivner, Seaton, Shanks, Short, Simp¬
son, D. T. Smi'.h, B. F. Thomas, VV. TJiomas, 7’hompson, WicklifFe, J.
Williams, S. Williams, J. White, Yates, and S. Young—47.
A message was received I’rom the Senate announcing that the
Senate recede from their amendment proposed to a bill from this
house, entitled, an act to authorise the qualified voters of Hick¬
man county to select either Moscow or Clinton for a permanent
seat of justice for said county, and for other purposes.
An engrossed hill entitled, an act to improve the road from Lex¬
ington to tiie Mouth of Big Sandy, through Winchester, Mount
Sterling and Owingsville: was read a third time.
Mr. Maxey then moved to amend said hill by adding thereto
the following engrossed clause, by way of ryder, viz:
Be it further enacted^ That there shall be appropriated to Mon¬
roe county, the sum of five hundred dollars, of the notes due the
Bank of the Commonwealth of Kentucky, from citizens of said
county, which shall be applied to the improvement of such roads,
in said county, as the comity court may direct, a majority of all
the justices in said county being present and concurring therein.
And the county court shall appoint a commissioner, whose duty it
shall be to superintend the improvement of such roads and at such
places as the county court may direct; who shall enter into bond,
with good and sufficient security, in said county, in the sum of one
thousand dollars, lor his performance; he shall make report to said
court, at least four times in each year, what progress he has made
and the amount of money expended. And so soon as the said
commissioner shall have entered into bond, as aforesaid, the coun¬
ty court shall certify the same to the President of said bank, who
shall either endorse such notes as tJie commissioner may request,
to the amount of five hundred dollars, or direct the agent for said
bank to make endorsemeijt thereon. The said commissioner shall
receive for his services such compensation as the said court may
direct.
And the question being taken on adopting the proposed amend¬
ment, as a ryder to the bill, it was decided in the negative.
The yeas and nays being required thereon were as follows, viz;
YEA.S—Messrs. Abell, Boone, Bramlett, Collins, Cook, Crow, David¬
son, Delaney, Ewing, Ford, Fulton, Gorin, Hayden, Heady, W. John¬
son, Lockhart, McFall, Maxey, May, Nuttall, Patterson, D. T. Siiiiih, E.
Smith, and J. White— 24.
NAYS—Mr. Spe^ucer, Messrs. Allen, S. H. Anderson, Bates, Bell,
Bowling, Brown, B itler, Chilton, Churchill, Copelan l, Covington, Davis,
Dunlap, English, Faris, Gaines, Green, Harris, Harrison, Hauser, Ha-
zelrigg, Henry, Hill, Hughes, Innis, G. W. Johnston, Kennedy, Lee, Mc¬
Donald, Marshall, Matson, Megowan, Meriwether, Montgomery, Mor-
K3
•w
?/•
JOURNAL OF THE
itt, Pryor, Hide, Rudd, Sanders, Scriv-
Short, Simpson, W. Smith, Southgate,
Thomas, Tliompson, Wickliffe, J. Wil¬
is, D. White, Yates, and S. Young—01.
was then taken on the passage of said bill, Avhich
're: and so the said hill was rejected,
being required thereon were as follows, viz:
-Mr. Speaker, Messrs. Boll, Butler, Chilton, Covington, Cul-
Gaines, Gorin, Harris, Harrison, Hauser, Henry,
Lucas, McFall, Mar¬
shall, Matson, May, Morgan, Pickett, Pryor, Rudd, Seaton, Simpson, E.
Smith, Southgate, Stevenson, B. F Thomas, Thruston, Wicklifle, S. Wil¬
liams, Woolley, and S. Young—39.
nays—M essrs. Abell, Allen, S. H. Anderson, Bates, Boone, Bow¬
lin"-, Brarnlett, Brown, Cliurchill, Collins, Cook, Copeland, Crow, David¬
son,' Davis, Delaney, English, Ewing, Ford, Fulton, Green, Hayden, Ha-
zelrigg. Heady, Hill, Hughes, Jett, Lockhart, McAfee, McDonald, Max-
ey, Montgomerj', B. S. Morris, D. Morris, Nuttall, Ozborn, Patterson,
Prince, Riffe, Sanders, Scrivner, Shanks, Shepherd, Short, D. T. Smith,
W. Smith, W. Thomas, Thompson, J. Williams, and J. White—50.
A message wms received from the Senate announcing their dis¬
agreement to a bill which originated in this house, entitled, an act
gan, B. ». Morns, uznorn, rici
ner, Seaton, Shanks, Shepherd
Stevenson, B. F. Thomas, W,
liam.s, S. William:
The question
was decided in the negativ
The yeas and nays 1
YEAS—
ley, Dunlap, Faris,
Innis, G. W. Johnston, W. Johnson, Kennedy, Lee, I.
F£b. 1.] HOUSE OF REPRESENTATIVES.
47r5
Hauser, Hazclrigg, Heady, Henry, Hill, Jett, VV'. Johnson, Lee, Lock-
liart, McAfee, McDonald, M Fail, Matson, May, Meriwether, Montgom¬
ery, Morgan, B. S. Morris, Murray, Nattall, Ozborn, Patterson, Prince,
Pryor, Rudd, Sanders, She|>herd, D. T. Smith, E. Smith, VV. Smith,
Southgate, Stevenson, 13. F. Thomas, Thruston, D. White, Woolley, and
S. Young—59.
NAYS—Messrs. S. II. Anderson, Biites, Boone, Butler, Collins, Crow,
Davis, Paris, Foivl, Gaines, Green, Harrison, Hughes, Innis, G. W. John¬
ston, Kennedy, Lucas, Marshall, Maxey, Megowan, D. Morris, Pickett,
Pierce, Riffe, Scrivner, Seaton, Shanks, Short, Simpson, W. Thomas,
Thompson, Wicklifie, S. William.s, J. White, and Yates—35.
The question was then again put on the passage of said bill,
which was decided in the nlhrmative.
The yeas and nays being required thereon were as follows, viz:
YEAS—Mr. Si'EAKnn, Messr.=. Abell, Allen, Bell, Bowling, Brarnlett,
Brown, Chilton, Churchill, Cook, Copeland, Culley, Delaney, Dunlap,
English, Fulton, Gorin, Harris, Hayden, Hauser, Hazelrigg, Heady,
Hill, Jett, W. Johnson, Lee, Lockhart, M'Afee, M'Donald, M. Fall, Mat-
son, May, Meriwether, Montgomery, Morgan, Nuttall, Ozborn, Prince,
Pryor, Rudd, Sanders, Shepherd, E. Smith, W. Smith, Soutligate, Ste¬
venson, Thruston, D. While, and Woolley—49.
nays—M essrs. S. II. Anderson, Bates, Boone, Butler, Collins, Cov¬
ington, Crow, Davidson, Davis, Ewing, Faris, Ford, Gaines, Green, Har¬
rison, Henry, Hughes, Innis, G. W. Johnston, Kennedy, Marshall, Max
ey, Megowan, B. S. Morris, D. Morris, Murray, Patterson, Pickett,
Pierce, Riffe, Scrivner, Seaton, Shanks, Short, Simpson, D. T. Smith,
B. F. Thomas, W. Thomas, Thompson, Wrckliffe, J. Williams, S. Wil-
liams, J. White, Yates, and S. Young—45.
Ordered, That the Clerk carry the said bill to the Senate and
request their concurrence.
A bill from the Senate, entitled, an act to amend the law' con¬
cerning champerty: was read a third time.
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
Ordered, That the Clerk inform the Senate tliereof.
And then the house adjourned.
FRIDAY, FEBRUARY 1, 1833.
Ordered, That Messrs. Ewing, S. H. Anderson and B. F. Thom¬
as be appointed a committee of conference on the subject of a bill
which originated in this house, entitled, an act to authorise the ap-
i
476 JOURNAL OF THE [Feb. L
poinimcnt of clerks in vacation; and that Mr. Ewing inform the
Senate thereof.
A message was received from the Senate announcing the pas¬
sage of bills which originated in this house, of the fallowing
titles:
An act to authorise the insertion of advertisements in the Com¬
monwealth; and,
An act to legalize the proceedings of the Court of Assessment
of the 3lth Regiment, Kentucky Militia.
And the passage of hills of the following titles;
An act to establish a Medical Institute in the City of I.ouisvillc.
An act for the benefit of Samuel T. File, constable of Grayson
county.
An act to regulate the terms of the Jefferson circuit and Old¬
ham courts.
Mr. Butler, from the committee of claims, to whom was refer¬
red a bill for the appropriation of money: reported the same with
sundry amendments.
The following section was then read as follows, viz:
To the Sergeant-at-Amis of the Senate and House of Representa¬
tives - dollars per week each.
It was then moved and seconded to fill the blank in said section
with the sum of “thirty dollars.”
And the question being taken thereon, it was decided in the
negative.
The }eas and nays being required thereon were as follows:
j YEAS—Mr. Speakek, Messrs. Bell, Boone, Bowling, Bramlett, Brown,
Butler, Chilton, Collins, Covington, Culley, Delaney, Dunlap, Harris,
Harrison, Hayden, Henry, Innis, Jennings, Jett, G. W. Johnston, W.
Johnson, Lee, McFall, Marshall, Nuttall, Ozborn, Pryor, Short, E. Smith,
W. Sraiih, Southgate, Stevenson, Thompson, Thrustoii, D. Wliite, Wool-
ley, Yates, and S. Young—39.
NAYS—Messrs. Aiiell, S. H. Anderson, Bates, Churchill, Cook, Cope¬
land, Crow, Davidson,Davis,English,Ewingj Faris,Ford,Fulton, Gaines,
Gorin, Green, Hauser, Hazelrigg, Heady, Hughes, Kennedy, Lockhart,
Lucas, McAfee, Matson, Maxey, Megowan, Meriwether, B. S. Morris,
D. Morris, Patterson, Pickett, Pierce, Prince, Riffe, Scrivner, Seaton,
Shanks, Shepherd, Simpson, D. T. Smith, B. F. Thomas, W. Thomas,
Wicklift'e, J. VViliiams, S. Williams, and J. White—48.
The said blank was then filled with $28.
The following item was also read as follows, viz:
To the Door-keepers of the Senate and House of Representatives
-- dollars per week each.
It was then moved and seconded to fill the blank therein with
the sum of twenty-eight dollars.
Feb. 1.] HOUSE OF REPRESENTATIVES.
477
And the question being taken thereon, it was decided in the
negative.
The yeas and nays being required thereon were as follows, viz;
YEAS—Mr. Speaker, Messrs. S. II. Anderson, Boll, Boone, Bow¬
ling, Branilelt, Butler, Chilton, Collins, Culley, Dunlap, Gaines, Harris,
Harrison, Hayden, Hauser, Henry, Innis, Jennings, Jett, G. W. John-
ston,W. Johnson, Mc^Fall, Marshall, May, Nuttall, Pendleton, Riffe, E.
Smith, W. Smith, Southgate, Stevenson, Thompson, Thruston, D. White,
Woolley, Yates, and S. Young—38.
NAYS—Messrs. Abell, Allen, Bates, Brown, Churchill, Cook, Cope¬
land, Covington, Crow, Davidson, Davis, Delaney, English, Ewing, Pa¬
ris, Ford, Fulton, Gorin, Green, Hazelrigg, Heady, Hughes, Kennedy,
Lee, Lockhart, Lucas, McAfee, Matson, Ma.vey, Megowan, Meriweth¬
er, Morgan, B. S. Morris, D. Morris, Ozhorn, Patterson, Pickett, Pierce.
Prince, Pryor, Sanders, Scrivner, Seaton, Shanks, Shepherd, Simpson,
D. T. Smith, B. F Thomas, W. Thomas, Wickliffe, J. Williams, S. Wil¬
liams, and J. White—53.
The said blank was then filled with twcnly-one dollan.
The said bill was then recommitted to the committee of claims.
Mr. Prince, from the joint committee of enrolments, reported
that the committee had examined enrolled bills of the following
titles, and had found the same truly enrolled, viz:
An act to incorporate a Rail Road Company from Bardstown
to Louisville.
An act for the benefit of Jacob Miller, of Simpson county.
An act to incorporate the Crittenden School, in the county of
Franklin, and the New Providence School, in the county of Mercer.
An act to amend an act entitled, an act to amend the law in
relation to opening and repairing the public roads in certain coun¬
ties, approved Jan. 29, 1830.
An act for the benefit of Joseph Norris, surveyor of Scott
county.
An act to establish an election precinct in Bourbon county.
An act for the benefit of Eliza Badger.
An act supplementary to an act entitled, an act to establish the
town of Taylorsville and to legalize the proceedings of the trus¬
tees of said town, approved, Jan. 22, 1833.
An act to incorporate the Louisville Hotel Company.
An act to amend and continue in force an act to incorporate the
City of Louisville.
An act to authorise an additional subscription, on the behalf of
the Commonwealth, in the capital or joint stock of the Maysville,
Washington, Paris, and Lexington Turnpike Road Company, and
io amend the several acts incorporating said company.
4^8 JOURNAL OF THE [Fkb. 1.
An act to authorise the insertion of advertisements in the Com¬
An act to legalize the proceedings of the Court of Assessment
for the 34th Regiment of Kentucky Militia.
An act to amend the law imposing tax on merchandise.
An act to authorise the qualilied voters of Hickman county to
select either Clinton or Moscow for the permanent seat ol justice
for said county.
Whereupon, the Speaker aflixed his signature thereto.
Ordered^ That x\Jr. Prince inform the Senate thereof.
The amendments proposed by the Senate to a bill which ori¬
ginated in this house, entitled, an act to incorporate the Louisville
Savings Institution, were twice read and concurred in.
Ordered, That the clerk inform the Senate thereof.
The house proceeded to consider the amendment proposed by
the Senate to a bill which originated in this house, entitled, an
act to provide for balancing the accounts of the treasury with the
Commonwealth’s Bank. x r
The said bill, together with the proposed amendment of the
Senate, was then read as follows, viz:
Be it eniicted by the General Ass'-mhly of the Cormnonwe.allh of
Kentucky, That the Cashier of the Bank of the Commonwealth
of Kentucky be and he is hereby required to credit the account
of the treasury in said bank with the amount which may be due
from the treasury to the bank, on the tenth day of October next;
and after the said accounts shall have been balanced, the Cashier q/
4G3
Feb. l.J HOUSE OF REPRESENTATIVES.
Nuttall, Prince, Seaton, Shepherd, Soutligate, W. Thomas, and Wiclc-
liff'e—34.
Ordered, That the Clerk inform the Senate thereof.
A message was received from the Senate, requesting leave to
withdraw a hill entitled, an act to incorporate the Elizabethtown
and llaiTodsburg Savings Institutions, and the report of the Sen¬
ate rejecting the same.
Whereupon, leave was given accordingly.
Mr. Ewing moved the following resolution:
Resolved, That the Public Printer of tliis Commonwealth print
10,000 copies of the titles of the acts passed at this session, with
a short abstract of the substance of each, for the use of the mem¬
bers.
And the question being taken on the adoption thereof, it was
decided in the affirmative.
The yeas and nays being required thereon were as follows, viz:
YEAS—Messrs. Abell, S. II. Anderson, Bates, Bell, Boone, Bowling,
Bramlett, Brown, Churchill, Cook, Copeland, Crow, Culley, Delaney,
Dunlap, English, Ewing, Paris, Fulton, Gorin, Harris, Hayden, Hauser,
Hazclrigg, Henry, Jennings, Jett, W. Johnson, Lee, Lockhart, Lucas,
McFall, Matson, Maxey, Montgomery, Nuttall, Ozborn, Pickett, Pierce,
Pryor, Riffe, Shanks, Simpson, D. T. Smith, E. Smith, Southgate, B. F.
Thomas, W. Thomas, Thompson, Wickliffe, J. Williams, S. Williams,
and J. White—53.
NAYS—Messrs, Allen, Chilton, Collins, Davis, Green, Harrison,
Heady, G. W, Johnston, Kennedy, McAfee, Marshall, May, Megowan,
Morgan, B. S. Morris, D. Morris, Patterson, Pendleton, Prince, Rudd,
Sanders, Scrivner, Seaton, Short, D. White, Woolley, Yates, and S.
Young—28.
Mr. D. White read and laid on the table a joint resolution for
rescinding the resolution adopted by both houses for a final ad¬
journment of the Legislature.
On the motion of Mr. McAfee:
Ordered, That a message be sent to the Senate requesting leave
to withdraw a bill irom the Senate, entitled, an act to amend the
law concerning champerty, and the report of its passage; and
that Mr. McAfee carry said message.
Whereupon, the said bill was returned to this house.
A bill from the Senate, entitled an act to amend the law regu¬
lating proceedings in cases of ejectments and forcible entries and
detainers: w^as read a tliird time.
Resolved, That the said bill do pass.
Ordered, That the Clerk inform the Senate thereof.
A bill from the Senate, entitled, an act to provide the mode for
■180
JOURNAL OF THE
[Feb. 1.
paying the slate’s subscriptions in incorporated companies: was
read a third time.
Mr. McAfee then moved to commit said bill to the committee
for courts of justice, with instructions to report a bill requiring all
appropriations to be paid in Commonwealth’s paper at par.
A division of the question was called for, and the question was
put on committing, which was decided in the affirmative.
The yeas and nays being required thereon were as follows, viz;
YEAS—Messrs. Abell, Allen, Bates, Bell, Boone, Bowling, Chur¬
chill, Collins, Copeland, Crow, Davidson, Davis, Delaney, English, Ew¬
ing, Paris, Fulton, Hayden, Hauser, Hazelrigg, W. Johnson, Lockhart,
McAfee, McDonald, McFall, Ma.xey, May, Megowan, Morgan, Murray,
Nuttall, Ozborn, Patterson, Pendleton, Pierce, Pryor, Riffe, Sanders,
Seaton, D. T. Sinilb, W. Smith, Southgate, Stevenson, W. Thomas, J.
Williams, D. White, and .1. Wliite—47.
]\t^YYS—M essrs. S. 11. Anderson, Brown, Chilton, Cook, Covington,
Cullcy, Dunlap, Gorin, Green, Harris, Harrison, Heady, Henry, Innis,
Jennings, Jett, G. W. Johnston, Kennedy, Lee, Lucas, Marshall, Mat-
son, B S. Morris, D. Morris, Pickett, Prince, Rudd, Shanks, Short, Simp¬
son, E. Smith, B. F. Thomas, Thompson, Tliruston, Wickliffe, S. Wil¬
liams, Woolley, Yates, and S. Young—39.
The question was then put on giving said committee the instruc¬
tions aforesaid, which was decided in the affirmative.
A bill from the Senate, entitled, an act to amend the act incor¬
porating the Bardstown and Louisville Turnpike Company; wa?
read a third time.
Mr. Delaney then moved to add to said hill the following en¬
grossed clause, by way of ryder, viz:
£nd be it further enacted, That for the purpose of aiding the
county court of Union county in building a bridge across High¬
land creek, in said county, at or near the crossing of the road lead¬
ing from Shawneetown to Louisville, there be and is hereby ap¬
propriated to the said county court the sum of one thousand dol¬
lars, to be paid out of any money in the treasury not otherwise
appropriated.
And the question being taken on adopting the amendment alore-
said, as a ryder to the bill, it was decided in the negative.
The yeas and nays being required thereon were as follows:
YEAS—Messrs. Abell, Allen, Bell, Bramlett, Collins, Cook, Cope¬
land, Crow, Delaney, English, Ewing, Ford, Fulton, Harris, Hayden,
■ Hazelrigg, Hushes, Jett, W. Johnson, Lockhart, McFall, Murray, Nut-
tall, Patterson, Pendleton, Pierce, Prince, Scrivner, Seaton, Shepherd,
Short, D. T. Smith, Thompson, and D. White—34.
Feb. 1.1 HOUSE OF REPRESENTATIVES.
481
NAYS—Mr. Speaker, Messrs. S. H. Anderson, Bates, Boone, Bow¬
ling, Brown, Butler, Chilton, Churchill, Covington, Culley, Davidson,
Davis, Dunlap, Gaines, Gorin, Green, Harrison, Hauser,Heady, Henry,
Innis, G. W. Johnston, Kennedy, Lee, Lucas, McDonald, Matson, Max-
ey, Meriwether, Montgomery, Morgan, B. S. Morris, Ozborn, Pickett,
Pryor, Riffe, Rudd, Sanders, Shanks, Simpson, E. Smith, W. Smith,
Southgate, Stevenson, B. F. Thomas, W. Thomas, Thruston, Wickliffe,
J. Williams, S. Williams, J. White, Woolley, and S. Young—54.
The question was then taken on the passage of said bill, which
was decided in the negative: and so the said hill was rejected.
The yeas and navs being required thereon were as follows:
YEAS—Mr. Speaker, Messrs. Butler, Chilton, Churchill, Covington,
Culley, Dunlap, Faris, Gaines, Gorin, Harris, Harrison, Heady, Henry,
Innis, G. W. Johnston, W. Johnson, Kennedy, Lee, Lucas, McDonald,
McFall, Matson, Meriwether, Ozborn, Pickett, Pryor, Rudd, Sanders,
E. Smith, W. Smith, B. F. Thomas, Thruston, Wicldift'e, D. White, Wool-
ley, Yates, and S. Young—38.
NAYS—Messrs. Abell, Allen, S. H. Anderson, Bates, Bell, Boone,
Bowling, Bramlett, Brown, Collins, Cook, Copeland, Crow, Davidson,
Davis, Delaney, English, Ewing, Ford, Fulton, Green, Hauser, Hazel-
rigg, Hughes, Jetl, Lockhart, McAfee, Maxey, Megowan, Montgomery,
Morgan, B. S. Morris, Murray, Nuttall, Patterson, Pendleton, Pierce,
Prince, Riffe, Scrivner, Seaton, Shepherd, Short, Simpson, D. T. Smith,
Southgate, Stevenson, W. Thomas, Thompson, J. Williams, S. Williams,
and J. White—52.
Ordered, That the Clerk inform the Senate thereof.
A message was received from the Senate announcing their dis»
agreement to a bill which originated in this house, entitled, an act
for the benefit of William May.
And the passage of a bill, which originated in this house, enti¬
tled, an act to amend the penal laws: with an amendment.
The said amendment was then taken up, read and concurred in.
Ordered, That the (ilerk inform the Senate thereof.
A bill from the Senate, entitled, an act for the benefit of the
Lexington and Ohio Rail Road C ompany: was read a third time.
Resolved, That the said bill do puss, and that the title thereof
be as aforesaid.
The yeas and nays being required on the passage of said bill
were as follows:
YEAS—Mr. Speaker, Messrs. Bates, Bell, Boone, Brown, Butler,
Covington, Dunlap. Faris, Gaines, Green, Harris, Harrison, Hayden,
Henry, Innis, G. W. Johnston, W. .Tohnson, Kennedy, Lee, Lucas, Mc¬
Fall, Marshall, Matson, B. S. Morris, D. Morris, Muiray, Nuttall, Pen-
L3
182
JOUllNAl. OF THE
[Fi;b. i.
clleton, Pickett, Pryoi-;, RlicIcI, Seaton, Simpson, 1). T. Smith, E. Smith,
W. Smith, Southgate, Stevenson, B. E Tliumas, 'J'ln-ust(n), Wieklifle, S.
Williams, D. White, Woolley, Yates, and S. Young—47
NAYS—Messrs. Abell, Alien, S. H. Aiuierson, B mling, Bramlett,
Chilton, Churchill, Copeland, Crow, Culley, Davidson, Davis, Delaney,
English, Ewing, Ford, Fulton, Gorin, Hauser, llazelrigg. Heady, Hughes,
Lockhai-t, McAfee, M Donald, Maxey, Megowan, Montgomery, Mor¬
gan, Ozborn, Patterson, Pierce, Prince, Rifle, Serivner, Shepherd, W,
Thomas, Thompson, J. Williams, and J. White—40.
Ordered, That the Clerk inform the Senate thereof.
A bill from the Senate, entitled, an act to divide the state into
congressional districts; was read a third time.
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
> The yeas and nays being required thereon were as follows, viz:
YEAS—Mr. Speakee, Messrs. S. H. Anderson, Bell, Brown, Butler,
Chilton, Covington, Davidson, Davis, Dunlap, Ewing, Faris, Gorin,
Green, Harris, Harrison, Hughes, Innis, G. W. Johnston, Kennedy,
Lee, Lucas, M. Fall, Matson, Megowan, Morgan, B. S. Morris, D. Mor¬
ris, Murray, Pendleton, Pickett, Pierce, Pryor, Rifle, Rudd, Serivner,
Shanks, Simpson, D. T. Smith, E. Smi h, W. Smith, Stevenson, B. F.
Thomas, Thompson, Thruston, Wieklifle, S. Williams, J. White, Wool-
ley, Yates, and S. Young— .71.
N.4YS—Messrs. Abell,. Allen, Bates, Boone, Bowling, Bramlett, Chur¬
chill, Copeland, Crow, Culley, Delaney, Engli.sh, Ford, Fulton, Gaines,
Hayden, Hauser, llazelrigg. Heady, Henry, Jett, VV. Johnson, Lock¬
hart, McAfee, McDonald, Maxey, May, M .ntgomery, Nuttall, Ozborn,
Patterson, Prince, Sanders, Seaton, Shepherd, Southgate, W. Thomas,
J. Williams, and D. White—38.
Ordered, That the Clerk inform the Senate thereof.
A bill from the Senate, enlitled, an act to appropriate a part of
the vacant lands in Laurel county to make a road from London
to the mouth of Big Laurel, and for other purposes: w^as read a
second time, amended, and ordered to be read a third time.
And thereupon the rule of the house, constitutional provision,
and third reading of said bill having been dispensed with:
Resolved, That the said bill, as amended, do pass.
The yeas and nays being required on the passage thereof were
as follow's:
YEAS—Mr. Speaker, Messrs. S. II. Anderfson, Bates, Butler, Chil¬
ton, Collins, Copeland, Davis, Delaney, Dunlap, Ewing, Fails, Ford,
Gorin, llazelrigg, Heady, Hughes, G. W. Johnston, Kennedy, Lee, Lu¬
cas, McDonald, Maxey, May, Megowan, Morgan, Nutiall, Pendleton,
Veb. 1.] HOUSE OF REPRESENTATIVES,
483
Pierce, Prince, Riffe, Rudd, Scrivner, Seaton, Shanks, Simpson, E.
Smith, VV. Smuli, S evenson, B. F. Thomas, VV. Thomas, Thompson, S.
Williams,.). White, Woolle}, Yates, and S. Young—47.
NAYS—Messrs. A'icl!, Bowling, Crow, English, Fulton, Lockhart,
/McAtee, Montgomery, Oz orn, and J. Williams—10
Ordered^ That the Clerk inlbrm the Senate thereof, and request
their concurrence in the said amendments.
A bill for the improvenieiil of tlie public roads in Monroe, Al¬
len and Barren counties: was read a second time, and ordered to
be engrossed and read a third time.
And thereupon the rule of the house, constitutional provision,
and third reading of said bill having been dispensed with:
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
Ordered, That the clerk carry the said bill to the Senate and
request their concurrence.
An engrossed bill entitled, an act to provide for the improving
the navigation of Big Sandy river: was read a third time.
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
The yeas and nays being required on the passage of said bill
were as follows, viz:
YEAS—Mr. Speaker, Messrs. Bates, Butler, Chilton, Cook, Culley,
Dunlap, Faris, Gaines, Harris, Hayden, Ilazelrigg, Heady, Henry, In-
nis, Jennings, G. W. Johnston, W. Johnson, Kennedy, Lee, McFall,
Matson, May, Pickett, Pryor, Seaton, Short, E. Smith, W. Smilh, South-
gate, B. F. Thomas, Thruston, WickiifFe, S. Williams, D. White, J.
White, and Woolley—37.
NAYS—Messrs. Abell, S. H. Anderson, Boone, Bowling, Collins,
Copeland, Crow, Davis, Delaney, English, Ewing, Fulton, Gorin, Green,
Harrison, Hauser, Hughes, Lockhart, McAfee, Megowan, Montgomery,
Morgan, B. S. IMorris, Nuttall, Ozhorn, Riffe, Scrivner, Shanks, Simp¬
son, D. T. Smith, W. Thomas, Yates, and S. Young—33.
Ordered, That the Clerk carry the said bill to the Senate and
request their concurrence.
Mr. I). White, with the unanimous consent of the house, re¬
ported a bill for the benefit of the heirs of the late Charles Hum¬
phreys, deceased; which was received and read the first time, and
ordered to be read a second time.
And thereupon the rule of the house, constitutional provision,
and second and third readings of said bill having been dispensed
with, and the same being engrossed:
Resolved, That the said bill do pass, and tliat the title thereof
be as aforesaid.
484 JOURNAL OP THE [Feb. I.
Ordered, That the Clerk carry the said bill to the Senate and
request their concurrence.
Mr. Butler, from the committee of claims, reported a bill for
the appropriation of money: with amendments; which being sev¬
erally twice read were concurred in.
Mr. Gaines then moved to amend said bill by adding thereto
the following item;
To J. B. Marshall, for the Kentuckian and Commentator, fur¬
nished the members of both branches of the legislature, during
the session, $‘50.
To Chambers and Holman, for the Cross and Banner, furnished ’
the members of the Senate and House of Representatives, $50.
And the question being taken on the adoption of said amend¬
ment, it was decided in the aflirmative.
The yeas and nays being required thereon were as follows, viz:
YEAS—Mr. Speaker, Messrs. S. II. Anderson, Bates, Bell, Boone,
Butler, Chilton, Collins, Culley, Ford, Gaines, Green, Harris, Harrison,
Hayden, Henry, Jennings, Lee, McFall, Matson, B. S. Morris, H. Mor¬
ris, Murray, Nuttall, Pickett, Prince, Pryor, Riffe, Rudd, Seaton, Shanks,
Short, Simpson, E. Smith, W. Smith, Southgate, B. F. Thomas, Thomp¬
son, Thruston, Wicklifte, J. Williams, D. White, Woolley, Yates, and S.
Young—45.
NAYS—Messrs. Abell, Allen, Bowling, Cook, Copeland, Crow, Da¬
vidson, Davis, Delaney, English, Faris, Fulton, Gorin, Heady, Hughes,
W. Johnson, Kenned}', Locldiart, McAfee, McDonald, Megowan, Meri¬
wether, Montgomery, Ozborn, Shepherd, D. T, Smith, W. Thomas, and
S. Williams—28.
Mr. Chilton then moved to amend said hill b^ adding thereto
the following section, in blank, which was amended by tilling the
blank as follows;
To Oliver Frazier ^600, for one gilt-framed and full length por¬
trait of George Washington, for the use of the House of Repre¬
sentatives, to be permanently fixed in the Representative Cham¬
ber.
To C. D. Cooke ^.300, for one varnished-framed and full length
portrait of George Washington, for the use of the Senate, to be
permanently fixed in the Senate Chamber.
The question was then taken on the adoption of the said amend¬
ment, which was decided in the negative.
The yeas and nays being required thereon were as follows, viz:
YEAS—Mr. Speaker, Messrs. Boone, Dunlap, Harris, Hayden, Hau¬
ser, Innis, Jennings, Jett, G. W. Johnston, McFall, B S. Morris, Mur¬
ray, Nuttall, Ozborn, Pryor, Seaton, E. Smith, W. Smith, Southgate,
Stevenson, Thi-uston, J. Williams, and Woolley—24.
Fbb. 1.] HOUSE OF REPRESENTATIVES.
485
NAYS—Messrs. Bates, Bowling, Brown, Butler, Chilton, Collins,
Cook, Covington, Crow, Culley, Davidson, Davis, Delaney, Ewing, Pa¬
ris, Ford, Fulton, Gaines, Gorin, Green, Hazelrigg, Heady, Hughes,
Kennedy, Lee, Lockhart, Lacas, McAfee, Matson, Ma.xey, Megowan,
Meriwether, Morgan, D. Morris, Pendleton, Pickett, Prince, Rifle, San¬
ders, Scrivner, Shepherd, Short, Simpson, D. T. Smith, B. F. Thomas,
W. Thomas, Thompson, Wicklifl'e, S. Williams, D. White, J. White, and
S. Young—52.
. The said bill was then ordered to bo engrossed and read a third
time.
Mr. Heady, with the permission of the house, reported a bill
to alter the time of holding the county courts of Spencer county;
which was received and read the lirst time, and ordered to be read
a second time.
And thereupon the rule of the house, constitutional provision,
and second and third readings of the said bill having been dis¬
pensed with, and the same being engrossed:
Resolved, That the said bill do pass, and that the title thereof
be as aforesaid.
Ordered, That the Cleik carry the said bill to the Senate and
request their concurrence.
A bill from the Senate, entitled, an act to amend the charter of
the Shelbyville and Louisville Turnpike Road Company: was read
a third time.
And the question being taken on the passage thereof, it was
decided in the negative.
Ordered, That the Clerk inform the Senate thereof.
Mr. Prince, from the joint committee of enrolments, reported
that the committee had examined enrolled bills of the following
titles, and had found the same truly enrolled, viz:
An act to provide for the location of the Lexington and Ohio
Rail Road through the City of Louisville, and for other pur¬
poses.
An .act to divide the state into congressional districts.
An act for the benefit of the Lexington and Ohio Rail Road
Company.
An act to incorporate the Louisville Savings Institution; and,
An act to amend the penal laws.
Whereupon the Speakei’ affixed his signature thereto.
Ordered, That Mr. Prince inform the Senate thereof.
And then the house adjourned.
JOURNAL OF THE
Feb. 2.J IIOUkSE OF REPRESENTATIVES.
48 ?
was received and read the lirst lime, and ordered to he read a se¬
cond time.
And thereupon the rule of the house, constitutional provision,
and second and tliiid readings of said hill having been dispensed
with:
Resolved, That the said bill do pass and that the title thereof
be as aforesaid.
Ordered, That the Clerk cairy said bill to tlie Senate and re¬
quest ther concurrence.
On motion—
Ordered, That Messrs. Green, Ford and Pierce have leave of
absence from the services of this house daring the remainder of
the session.
Mr. Gorin, from the committee for courts of justice, to whom
was referred a bill from the Senate, entitled, an act to provide the
mode of paying the state’s subscription in incorporated compa¬
nies: reported the same with an amendment.
The said bill and amendment, being amended, were then read
as follows, viz:
Sec. 1. Be it enacted by the General Assembly of the Common¬
wealth of Kentucky, That when stock to roads, bridges and rivers
have been or shall hereafter be subscribed, under the authority of
law, by the Commonwealth of Kentucky, that if the Treasurer can¬
not pay in the stock thus subscribed, in gold and silver or bank paper,
at par value, by reason of not having such funds; then, and in that
event, he is hereby authorised to pay said stock in Commonwealthis
Bank paper, at the, rate of one hundred dollars in paper for ninety
dollars of stock: Provided, the directors of said company will accept
the paper at the above rate: Provided, that if the Treasurer can pur¬
chase gold or silver at a less discount than ninety dollars in gold or
silver for one hundreel in said bunk paper, then and in tlmt case he is
authorised to make said purchase fur the purpose of paying such sub¬
scription.
Amendment.—Strike out the whole of the bill after the word
“Kentucky,” in the fourth line, and in lieu thereof insert: “the
said subscriptions shall be paid in the paper of the Bank of the
Commonwealth of Kentucky, at par, except in cases where the
faith of the state l\as heretofore been pledged for the payment of
gold or silver.”
And the question being taken on adopting the said amendment,
as amended, it was decided in the affirmative.
The yeas and nays being required thereon were as follows, viz:
YEAS—Messrs. Abell, Allen, A. Anderson, Bates, Bowling, Bram-
lett, Butler, Collins, Copeland, Crow, Davidson, Davis, Delaney, Eng¬
lish, Ewing, Fulton, Gaines, Green, Harris, Harrison, Hayden, Hauser,
Hazelrigg, Heady, Henry, Hughes, W. Johnson, Lockhart, JMcAfee,
■488
JOURNAL OF THE
[Feb. a.
McDonald, McFall, Marshall, Maxey, May, Megowan Montgomery,
AIor.mn Murray, Nuttall, Ozborn, I’atterson, I’endleton, Rille, banders,
n T ^miih W SinitU? Southgate,
Scrivner, Shepherd, Short, Simpson, D. T. Smit , » , o ^
B. F. Thomas, W. Thomas, Thompson, J. Williams, S. ^ ■
White and J. White—58.
NAYS-Mr. Speakeb, Messrs. S. II. Anderson, Boone, Brown, CM-
ton Cook Covino-ton, Gulley, Dunlap, Fans, Gorin, Jennings, . .
^ T A/I 1^ ^ Morri*: D Morris, Pickett, Rudd,
Johnston, Kennedy, Lee, Matson, B. b. ’ Yates
Seaton, E. Smith, Stevenson, Thruston, Wickhffe, Woolley, and Yates
Mr D White then moved farther to amend said hill by adding
xtl
mg off then United States, at the rate of
liispSESts
A„” X Xtto”/ bang Sen on adopting the said amendment,
it was decided in the negative.
The yeas and nays being required thereon were as follows, vtz:
yeas—M r Speaker, Messrs. Abell, Allen, Btiwlmg, Butler, Chil-
“Ip Englitb, ti/inoe. H™, Hayden. Heady, Henry, Mo
Afee M-Doiiald,May. Montgomery, Oaborn, Pnnee, RiBe, Weis,
tX;, K SrnU., Southgate, B. F. Thomas, W. Thomas, W.ckhffe, and
° NAYS-Messrs. S. H. Anderson, Bates, Boone, Btamlclt Brown,
Churchill, Cook, Copeland, Covington, Crow, Gulley, Davis, e aney,
Ewin-r, Faris, Fulton, Gorin, Hauser, Hughes, Innis, Jennings, Ken
iy Lee, Lockhart, McFall, Marshall, Matson, Megowan, Moigan, •
^Mo is, D. Morris, Murray, Patterson, Pendleton, ^eat n
LX 4epherd, D. T. Smith, W. Smith, Stevenson, Thompson,
Thruston, S. Williams, J. White, and Yates—46.
The said bill was laid on the table.
Air A Anderson, by permission of the house, submi e
protes’t to'tlm report of the majority of the
of the Governor, enclosing sundry resolutions f'o « Bic
of South Carolina, which is m the following woid . ^jjtority
With due respect for the opinions and talents of the m
of the committee to whom contain
' lency,the Governor, transmitting the documents whic
Feb. 2.] HOUSE OF REPRESENTATIVES.
489
the proceedings of Die Convention of South Carolina, it is but jus¬
tice to mjself to say, that 1 cannot, as a member of that commit¬
tee, approve all the doctrines contained in its report.
In expressing my dissent to some of the doctrines of that report
I do not deem it necessary to embrace all the points of argument
presented by it. Such a course is neither demanded by the occa¬
sion, by justice to myself, nor respect for the committee. All that
these considerations demand, at my hands, is, that 1 shall so far
express my views of the subjects presented to our consideration
as to stand uncommitted to doctrines opposed to my earliest and
strongest convictions of the nature and policy of our government.
While, on the one hand, I can cordially unite with the commit¬
tee in condemning nullilication—the method of redress resorted to
by .South Carolina—J must be permitted, on the other, to say, that
I cannot approve that system of taxation which burdens one por¬
tion of the industry of the country for the benefit of another. The
sj'stem of taxation complained of by South Carolina has been op¬
pressive, not only to her, but it has oppressed the South general¬
ly, and the agricultural interests of the whole country.
The committee say: “they believe that the people of South
Carolina pay, like the people every where else, the people of the
manufacturing states as well as others, in proportion to their con¬
sumption.” Admit this to be true, and it does not disprove wdiat
is asserted, that the burden of the existing tariff law's operates
unequally. It is to be remembered that the Southern and Wes¬
tern states, for their interests are nearly allied, are agricultural in
their pursuits, and consequently are consumers only and not pro¬
ducers of the articles usually imported, which are the subjects of
taxation, w'hile the Northern and Eastern states manufacture these
articles. And although the Northern manufacturer does pay the
duty', or the increased price, which is the effect of the duty, upon
so much of his own manufacture as he consumes, he receives the
same increased price upon the much larger portion of it which
he sells, and this is paid by the .mass of consumers, w'ho receive
no equivalent for it.
The argument of the committee w'ould be as just, if applied to
the sugar planter, for whose benefit the duty on sugar has been
imposed. The planter pays the duty' in proportion to the sugar
he consumes; but is it to be inferred that the burden of the duty
is as great upon him as upon the great mass of consumers who pay
the duty and receive none?
“That the ultimate effect of a protective tariff is to develope,
to the uttermost, the great natural resources of our country, and
accelerate our advance to oj)ulcnce and wealth,” is a position
which, with great deference to. the committee, I cannot think
tenable. The wealth of a nation is (he aggregate w'eallh of all
its citizens, and their wealth consists in the annual products of
M3
JOURNAL OF THE
[Fee. 2.
their labor. Tliat labor, then, which is most profitable and best
rewarded, contributes most to national wealth.
A protective lai-iff burdens much the largest portion of ATncri-
can industry with a tax, and to that extent diminishes its pi'olits,
while its benefits are felt by the smallest portion, viz: the manu¬
facturing class, and that at the expense and loss of all tlie rest.
The loss of wealth sustained by the nation through a protective
policy, may, in the genei al, be said to approximate the amount of
ditference between tlie cost of the various manufactures tiere and
tiie cost of those imported; leaving out of the calculation all the
losses and blighting infiuences of commercial derangements, which
are the certain fruits of the restrictive policy.
J'he argument that protection increases the manufacturers, and
the competition created lessens prices, is more s])Ccious than solid.
The favours of government, it is true, increases the manufactur¬
ers, and the increase of tliern here comparatively lessens the price
of their commodities, but that diminuiion is made with the amount
of duty upon similar commodities still superadded. Ifow incon-
sideraM ’ >o the mass of consumers is sucii a diminution of price
ccmpaivd to that of the total abolition of the duty, where, for pur¬
poses both of buying and selling, the unfettered competition of the
whof; world is thrown open to them.
T he committee say: ‘fin the full perfection in which they exist,”
alluding to manufactures,‘fin other ciumtiics, at what conceivable
p.fi it of time or under what conceivable slate of things, could in¬
dividual enterprise and capilal enter’, unaided, into a contest in
wfiiich the pow.-r and I’esources of foreign governments would be
thrown iiVo) ihe scale against them?” 1 aiiswcr, precisely at that
point of lime and in that state of things when the condition of
this country shall be assimilated to that of the manufacturing
countries of the old wor ld. '1 he opinion that we have only to af-
ferJ [irotection to manufactures to give them existence, and nui’se
them through a few years of infancy, and then the} will have
str’engtlr enough to go on unaided, is wholly d> lusive. The caus¬
es which pr event their exi'-tence must for’ever destroy it when giv¬
en. And they can never exist unaided by the bounty of govern¬
ment, till our country shall cease to afford an independent home
for the freeman, and our population shall become as dense and
our labor as cheap as in the countries of Europe. In a word, the
condition of things here must be similar' to that in those countries
before the same system of policy will srrit them and us.
Our shipping and our exports and imports are said to have in¬
creased witnin tire prcceditrg year, tire foi’mer, 80,0U(J tons, the
two latter, ,5 0.000,000. This is evidently the result of the vast
resources and the peculiar advantages of our favoured country
and not the clFect of the duties we pay. \V^e Hour ish, not by rea¬
son of the duties, but in defiance of them; and because, from the
HOUSE OF REPRESENTATIVES,
bounties of a kind Providence to us, as a nation, we flourish under
ciicunistances embarrassing in their nature, it is no evidence that
we would not flourish still more divested of them.
Tlie shipping and commercial interest, to tne extent that they
depend on agriculture, feel the efl’ec.ts of its decline, and whatev¬
er policy injures the latter must, indirectly, injure tiie former. It
may, in the general, be said, that all departments of human indus-
trv receive life and vigor from agriculture, and cannot long sur¬
vive its decay.
It is certiiinly wise in a nation to protect, if protect it must, till
portions of its industry alike, and not to detd out its favois to some
while it neglects the rest, and m;ich less at the expense of the
rest. Justice is recognised as the first great duty of a nation to
its citizens, and wliere it is wanting that nation cannot long exist.
It is the conclusion of the political economists of the present
age, deduced from the experience of past ages, that the best econ¬
omy of a nation is to permit its citizens to make choice of their
own pursuits, each directed in his choice by the nature of his .sit¬
uation, and his own fitness for the pursuit he adopts. This done
—defend him from aggression; secure to him the honest fruits of
his industry, and leave the rest to individual enterprise.
This position, true in itself, has peculiar force in its application
to the American people. If the system, favoring some part of the
industry of a country to the injury of the resi, can be considered
congenial to the spirit and character of any government, it ap-
proximates nearer to the character of despotic g ivcrnmenis than
any other. There it is, that distinction in the orders of society
and inequality of rights are recognised; iuid this unnatural con¬
dition of things, can only be sustained by artificial restrictions , r
monopolies of some sort. It is, in the free and iiappy government
of this country, where no distinction is recognised, and where
equality of rights is considered, an axiomatic truth in the science
of government, to leave our citizens free; therefore, to choose
their own occupation and to defend them in the honest pursuit of
it, are vital principles in the true American system.
It may be said that systems of restriction do not chaqge the
pursuits of a country, and do not interfere with the citizen in the
choice of his occupation. I ask, then, if the creation of some
new business, or the continuance by the fostering hand of govern¬
ment of some which would be deserted, from lack of profits, bet-
not designed. Why a'-e the restrictions imposed ! It is obvious
that old pursuits are abandoned ;ind new ones adopted, wdiose
profits have been enhanced by the exclusion of articles, wdiich
are the products of similar pursuits. And the radical changes in
the employment of labor and capital, and all the inequality of ef¬
fect upon the different pursuits of a country are precisely the
192
JOURNAL OF TllE
same, whether produced by direct means or the indirect means of
restriction.
If we honestly desire the preservation of our sacred union, we
must leave the managi ment of private interests, a privilege dear
o Ireemen, and the adoption ol their own internal policy, to indi-
viduals and their state governments. These, and these alone, are
tne ht judges, and the natural conservators of them.
t is impossible, in the nature of things, that a country as exten¬
sive as this, so widely different in the nature of the country itself,
and so widely different in the character of the people who inhabit
it, can ever be brought to live and flourish under tlie same system
of internal policy. As w^ell miglit you expect that the animals of
creation, destined to live in diffbrent elements, could be made to
live and flourish in the same. They may flutter for a time, in a
short and miserable existence, but an untimely death must be their
inevitable destiny.
The wise men who framed our constitution cannot be supposed
at the time they were forming a bond of union which ivas design¬
ed to be perpetual, to have implanted in it a principle whicli in
the nature of things, must sooner or later burst it to atoms; and
1 humbly conceive they did not.
the impossibility for twenty-four slates,
diflering m character and interest, ever to live harmoniously un-
HOUSE OF REPRESENTATIVES.
and sovereignty of the states, otherwise there could have been
no diHiculty as to tlieir consent to the compact, but the consent of
the states was essential to the formation and final adoption of the
constitution.
Who does not perceive, that if the majorities of the large states,
er the combined majorities of states iniluenced by sectional inter¬
est, are to sul)stitiitc tlieir discretion for the constitution, that all
the reseiwed rights and the well-lieing itself of 4,he other states
are no longer protected, but are at the mercy of those, whose in¬
terest it may be to oppress them.
And is it in the government of America, where divine rights
have long ceased, and constitutional supremacy recognised, that
we shall sulfer our rights to depend upon the caprice or mercy of
men or parties? When that hour arrives the spirit of our gov¬
ernment will have left it, and we shall have reason to fear that its
days are numbered.
The opinion, that majorities should rule, has no application to
the case. All agree that majorities should rule where it is their
province to act. But by what principle of right is it that the
majorities of New York should control the local concerns of
Kentucky. All differences between the federal and state gov¬
ernments, as to the powers to be exercised by each, are said to be
referable for their decision to the federal judiciary. If so, we
shall constitute that court the judge in its own cause, and conse¬
quently render its decisions paramount to the constitution itself.
In the structure of our federal government we have guarded
our rights, as states, with all the circumspection of which the hu¬
man mind is susc<‘ptible, by limitations on the legislative and ex¬
ecutive departments; and if this position, as to the judiciary, be
true, we have constituted that branch destitute of all limitation
whatever. This view of the powers of the judiciary not only
destroys all the analogies of tiie government, but destroys, at the
same time, all those limitations which we have been so carelul to
ingraft upon the legislative and executive departments of it; and
we shall present to the world, not, as we have professed to do, a
government of constitutional supremacy, which is paramount to
all the departments of government which created them, and are
a law to them; but we shall present a constitution whose suprem¬
acy is nominal but whose essential powers are as boundless as the
wills of the dominant party.
The following bills, from the Senate, were severally read the
first time, and ordered to be read a second time, viz:
1. An act for the benefit of Samuel T. Fife, constable of Gray
son county.
2. An act to amend the penal laws.
3. An act to appropriate some of the vacant lands in Butler
county for the purpose of internal improvement in said county.
J0U51NAL OF THE [Feb. 2.
4 \n iict for the improvement of certain roads in Morgan
Achilles Jasper, of PulasKi county.
"T An act to regulate the terms of the Jefferson and Oldham
“ \mi thereupon the rule of the house, constilutional provision,
ant^econdand third readings of the said hil s (Urn foiuth a, J
sixth excepted, which were laid on the table) having been dis¬
pensed vrith: . , ,
^^CherlAidbrmCsenate thereof and request
d to the seventh bill,
pproprialion of mo¬
an engrossed ryder.
An engrossed bill entitled, an act for
ney: was read a third time, and amend
Air. AIcAfee then moved to attach to
grossed clause, by way of ryder, viz:
To Gervas E. Russell, ior the Argu:
the Senate and House of R,cpresentati\
five dollars each session; and.
To the editors of the Kentuckian a
their papers, for the two last sessions,
And the question being taken on ado
said, as a ryder to the bill, it was decic
The yeas and nays being required tl
YEAS—Messrs. Bramlett, Crow, G. W
N^YS—Mr. Speaker, Messrs. Abell, Allen, S. II. Anderson, Bates,
Boone, Bowling, Bixnvn, Butler, Chilton, Copeland, Covington, Gulley,
Davidson, Davis, Delaney, Dunlap, English, Ewing, Fans Ford, Gaines,
Gorin, Hayden, Hauser, Hazelrigg, Heady, Henry, Hughes, f
nings, Kennedy, Maxey, Megowan, M .'ntgomery, B. S. Morns, D. Mor¬
ris, Ozhorn, Pendleton, Pickett, Prince, Rifle, Rudd, Sanders, Scinner,
Seaton, Shanks, Short, D. T. Smith, W. Smith, Southgate
F. Thomas, W. Thomas, Thompson, Thruston, Mickhfle, S. I ‘ ->
D. White, J. White, and S. Young—81.
The question was then taken on the passage of said bill, whic
was decided in the affirmative.
The yeas and nays being required thereon were as follows.
YEAS—Mr. Speaker, Messrs. Abell, Allen, S. 11. Andeison,
Boone, Bowling, Bramlett, Brown, Butler, Colling, Ciw, Gy
ir„ris. Gaines. Havden, Hauser, Henry, Hughes, Inii-,
Feb. 2.] HOUSE OF REPRESENTATIVES.
49.5
.Tenningp, G. W. Jolinston, Kennedy, Lee, Lockhart, Lucas, B. S. Mor¬
ris, D. Morris, M.irray, Naitai!, Pendleton, Pickett, llilFc, Rudd, Seaton,
Shanks, Sh'jr., D. T. Sinidi, L. Sini.h, W. Smith, Southgate, Stevenson,
B. l'\ Thomas, Tlioinpson, Tliruston, Wicklitib, S. Williams, D. White,
and J. While—51.
NAYS—Messrs. Copeland, Covington, Davidson,Davis, English,Ford,
Gorin, llazeiidgg. Heady, McAlec, Maxey, Megowan, Montgomery, Oz-
born, San..'ers, W. Th.iinaf, Yates, and S. Young—18.
Qv-ItnI, That the Cleik carry tlic said bill to the Senate and
reciuest their concurrence.
resolution from the Senate, to amend the joint rules of both
houses: was twice read and laid on the table.
A message was received from the Sentite announcing the p:ts-
sage of resolutions and bills which originated in this house, of
the following titles:
resolution in relation to burning certain notes of the Bank of
the Commonwealth.
An act for tlie benefit of -Vreh I.ewis, a free man of color.
An act for the improvement of the navigation of Big Caney, a
brancli of Rough creek.
An act to fix the terms of the Trigg circuit court.
An act for the benelit of the heirs of the late Charles Hum¬
phreys; and,
A resolution in relation to an arsenal, for the security of the pub¬
lic arms.
Their concurrence in the amendments proposed by this house
to bills from the Senate of the following titles:
An act for the benelit of the children of John i\Iizner, deceased.
An act to appropriate a part of the vacant lands in Laurel
county to make a road from London to the mouth of Big Laurel,
and for other purposes.
And that the Senate had received official information that the
Governor did, on the 2.5th day of January, I8H3, approve and sign
enrolled bills, which originated in the Senate, of tiie following ti¬
tles, viz:
An act concerning the town of Henderson, and for other pur¬
poses.
.\n act to authorise persons prosecuted for felony, in the county
of Jessamine, to be conlined in the jail of f'ayette.
An act l()r the benelit of James i llncoe's heirs.
An act for the benelit of the estate of Henry Ditto, Jr.
An act to establish election precincts in Woodford, Graves,
AVhitley, and Henderson counties.
A resolution tixing on a day for the election of public- offi¬
cers.
JOURNAL OF THE
[Fed. %
On January the '28lli, he approved and signed eniolled bills,
which originated in the Senate. ol the lollovving titles.
An act for the benefit of Vv illiam L. Smith, John J. Smith,
Francis J. Hopkins and others. , , , r> i r-
An act to incorporate the Louisville and Bonharbour Ooal Oom-
An act for the relief of the heirs of Francis P. Hord, deceased.
An act providing for settling the accounts with the keeper o
the Penitentiary. ^
An act to amend an act entitled, an act to incorporate the Lity
of I.exington. . i i
An act for the relief of William Cecil and Benedict Morehcad.
An act to authorise the Clarke circuit court to decree the sale
of two and a half acres of land, devised to ^Vm. S. Downy and
others. ^ , n. . r
An act to enlarge and explain the powers of the 1 rustccs ol
the town of Franklbrt. it i
An act for the benetit of the representatives ol James llonaker,
deceased. ... . .
An act to authorise the Bourbon county court to levy a tax on
the lands of the county. . TTr i i
An act for the relief of the heirs of Anna Maria AValsh.
Also, on the 30th day of January, he approved and signed en¬
rolled bills and resolutions, which originated in the Senate, of the
following titles. r ti .
An act further to enlarge the powers of the trustees ol Hai-
rodsbiirg. . o
An act to repeal, in part, and amend the act incorporating the
Lexington, Chilesburg, and \Vinchcster Pvoad Company.
An act concerning county levies in certain cOunfies.
An act for the benelitof the widow and heir of Walker 1 horn-
ton, deceased.
An act for the benefit of the devisees of John Branigan-
An act concerning Mount-Carmel, in Fleming countv.
An act to amend the act providing for opening and keeping m
repair the highways in the county ol Fayette.
An act to authorise the clerks of the county courts of ilopkins,
Hancock, Union, and the circuit court of Harrison, to transcribe
certain records in their respective offices.
An act to authorise the Secretary of State to distribute certain
military books. ,,
An act to authorise the trustees of Cynthiana to close an alley
in said town. . , .
P^esolutions concerning the opening and improving the naviga¬
tion of Green and Big Barren rivers.
A resolution authorising the public Librarian to have ceiiaiii
acts of Assembly bound.
497
Fbb. 2.] HOUSE OF REPRESENTATIVES.
On the 3lst January, 1833, he approved and signed enrolled
resolutions and bills of the following titles:
Resolutions concerning the opening and improving the naviga¬
tion of Cumberland, Kentucky and Licking rivers.
An act for tlie benefit of Spencer Curd's representatives.
An act to authorise the trustees of the town of Richmond to
levy a tax to Me idamize the streets.
An act limiting the time for which persons may be held to bail
for their good behaviour.
An act for the lienelit of the Cumberland Hospital.
An act to incorporate the Greenwick Academy.
An act to amend an act entitl 'd, an act for the benefit of the
heirs of Samuel Shannon, deceased.
An act to extend the powers of the road commissioners of
Bracken county.
An act to repeal the law now in existence in relation to Head-
right settlers; and to dispose of the balance of the debt due from
this class of debtors to the purposes of internal improvement.
An act authorising the Trustees of the Kentucky Baptist Edu¬
cation Society to emancipate a slave.
On the 1st Instant, enrolled bills of the following titles:
An act to continue in force an act to incorporate the City of
Louisville.
An act to incorporate the Louisville Hotel Company.
And on this day, an enrolled bill, entitled, an act to provide for
the location of the Lexington and Ohio Rail Road through the
City of f/ouisville, and for other purposes.
^Mr. Chilton, from the committee on internal improvements, made
the following report:
The committee on internal improvements, to whom was refer¬
red the petition of sundry citizens of tlie counties of Green, Hart,
and Barren, praying an appropriation for the purpose of removing
the obstructions to the navigation of l.ittle Barren river, have,.ac¬
cording to order, had that subject under consideration, and are sat¬
isfied that the petition is reasonable. It is to be regretted that
the proposition urns not presented at an earlier hour ot tlie session,
hut being of opinion tliat the improvement of the navigation of
that stream is not oidy an object of importance, but that a small
appropriation would greatly advance that olijcct; your committee
have prepared and herewith report a bill.
The bill reported by said eommittee was read the first time,
and ordered to be read a second time.
And thereupon the rule of the house having been dispensed
with, the said bill was amended to read ;is follows:
Sec. 1. Be it enacted htj the General Assembly of the Conmqn i'calth
of Kentucky, That the sum of ti-.'e hun.irod doii-arr, o-.n nf any mi ney
in die treasury, not otherwise apim printed, be and the same is hereby
N3
JOURNAL OF THE
[Feb. 2.
appropriaterl for the purpose of improving the navigation of Little Bar-
"" Sec ’ Be it further enacted, Tl.at it shall 1 e laivful for the county
cour.s f .■ .he coun ies of Ha. , lirecn, and Barren, to appoint one com-
nnssioner each, to superintend the unpnneinent ot the navigaaon ot
said siream. And said commissioners, i.efore .hey en er upon the uis-
charge of their dunes, shall take an oa h betore some justice of the
peacl in one of ‘he aforesaid counties, m subs.ancc, that they will laith-
fudy clis. barge ‘heir duties, and apply the money l*<;‘'enme oi-e appro¬
priated, 111 that manner which they may beneve best calcula.cd to ad¬
vance the iinproveinents herein camanplated. Ant salt commisMoi i
shall moreover enter into bond, with approved security, in the oH c
the clerk of the county court of Green county, in (he penalty ot one
thousand doilar.s, conditioned for (he faithful pertormance ot ’h^.r dut c ,
and made pavalde to the Gominoiiweal.h ot Kentucky. And upon
duciir.' to the' Auditor of Public Accounts the certificate of the tleik
taklii.°tho aforesaid bon.', hat said coiiitmssioners have execu ed the
smiand taken die oa h required by this act, the Auditor sha 1 issue
his warrant uiion the Treasurer tor said sum ot five hundied dollais,
which shall be advanced to said commissioners, as other moneys appro-
? £'it further enacted, That the sum of five thousand dollars
be and ihe same is hereby appropriated, out of any money in the treas¬
ury, not otherwise appropriated bylaw, for the purpose of building a
brhke acr,.ss Salt River, where the road leaoing trom Bardstown to
Louisville crosses the same, in B illitt county; and that the county court
of B illitt coumy may deteiniiiie as to the idan of said .*1“^ ap¬
point commissioners to lot out the building ot the same, and having dis-
charcred (htuduiv, shall take bond from the contractors, in the penalty
of ten ;housan:l dollars, payable to this Coiiiingiiwealth, lor the faithful
dischar-e f iheir duty. And the said bridge shill be built and erect-
t] in a^mod and ivorkman ike manner, and according to contract; which
said sum of S-jOOO shad be pai l by the Treasurer, upon die order o
the county court ..f B.d iP ; and for a breaHi of die provisions of said
bond, suitor suits may be msti'ufed thereon tit the nistan.ee ot said coun¬
ty court, an l any damage.s sustained in any sudi suit or suits shall be
for die beiipfi ol said coun.y. , , ,
Sec. 4. Be it further enacted. That die sum of three thousand dol¬
lars i.e and the same is here, y appr-.prialed, out ot any money in -lie
treasavv, not otherwise appropriated, f>r the purpos_c of ouikung a budge
acros= Fioyok F rk of Sait River, where the road leathngfrom Bards
town to Lo,iisvide crosses the same; and diat the county
litt and .lelferson coun les may de ermine as to the plan ^ . ,P ^
and may, by i. int oivler, appoin commissioners to let out the k
of the same, aiui having dis< liar red that duty, shall ta ce
con t-ait u-s, in he penalty of JfidOOO, paya le ^^'^e ^m.nom eaUh, oi
• the fdi hfii '.ischarge of their duty; and that said bridge shall be bml
aik ercced in a good and w ikmanuke manner and according to con
Ua;"^VLu^stim of g lOOO shall bo paid by the Treasurer, ^
the orders of the said county courts. And lor a breach ot the pr
i
Feb. 2.] HOUSE OF REPRESENTx\TIVES. 499
ions of said bond, suit or suits may be brought thereon at the instance
of said county cour s ; and any damages sus.ained in any such suit or
suits shall be'for the joint benefit of said coundes.
The question was then taken on engrossing the said bill and
reading it a third time, which was decided in th.e negative.
The yeas and nays being required thereon were as follows, viz;
YEAS—Mr. Speaker, Messrs. Chilton, Cook, Covingti n, Culley,
Gaines, Gorin. Harris, Harrisim, Henry, Kennedy, Lee, Lockhart, Lu¬
cas, Rudd, Sanders, Seaton, E. Smi h, W. Siniih, B. F. Thomas, Thrus-
ton, Woolley, Yates, and S. Young—24.
N 4Y3_Messrs. Abell, A. Anderson, S. II. Anderson, Bates, Boone,
Bowling, Brown, Collins, Copeland, Davis, Delaney, Dunlap, English,
Ewing, Paris, Falton, Hauser, Hazelrigg, Hughes, Jennings, Megow-
an M nt^mmery, B. S. Morris, D. Morris, Murray, Pendleton, Scnvner,
Shanks, Simpson, D. T. Smith, W. Thomas, Thomp.von, Wicklifle, and
S. Williams—34.
A messao'e was received from the Senate announcing the pas¬
sage of bitls which originated in this house, of the Ibllowing
titles •
An act to alter the time of holding the Spencer county court;
An act for the appropriation of money: with amendments to
The said amendments were then taken up, twice read and con-
That the Clerk inform the Senate thereof.
An engrossed bill entitled, an act to regulate the cii-cuit and
county courts in the lifteenth judicial district: was read a thud
^^'^Rcsolved, That the said bill do pass and that the title thereof
Ordered, lliat the Clerk carry the said hill to the Senate and
veouest their concurrence. Tvr j- i
A bill from the Senate, entilled, an act to establish a Medictil
Institute in the City of Louisville: was read the first tune, and or¬
dered to be read a second time.
And thereupon the rule of the house, constitutional provision,
and second and third readings of said bill having been dispense
with;
Resolved, That the said bill do pass.
Ordered, That the Clerk inform the Senate thereof.
A message was received from the Senate f f PJ j
sage of bills, which originated in ‘ f^eeiS
An act to regulate the circuit and county couits in the filteeiitfi
judicial district; and,
500 JOURNAL OF THE’ [Teb. 2.
An act to aulliorise the sale of a public alley in the town of
Newcastle.
And had received official information that the Governor did, on
this da^ approve and sign enrolled bills, which originated in the
oenate, ol the following titles:
An act to appropritite a sum of money for the purpose of im¬
proving the navigation ot the C umberland river, at Smith’s shoals,
and the Big South I'oi k of said river up to the coal banks.
An act to authorise an additional subscription, on behalf of
the Commonwealth, in the capital or joint stock of the Maysville,
VVaslimgton, Paris, and Lexington Turnpike Road Company, and
to amend the several acts incorporating said company.
An act to amend the law regulating proeeedings in cases of
ejectments and forcible entries and detainers.
An act to amend the several acts tigainst unlawful gaming.
An tict to amend the law prohibiting the importation of slaves
into this state.
An act to provide for improving the roads in the counties of
Floyd and Perry.
An act appropriating certain lands for improving the Cannon
creek road, in Harlan county.
An act to divide this state into congressional districts.
An act to authorise an additional subscription, on behalf of the
Commonwealth, in the stock of the Board of Internal Improve¬
ment for Shelby county, and for other purposes.
An act to remove the obstructions to navigation at the falls oi
Green river, and for other purposes.
An act for the benefit of the Lexington and Ohio Rail Road
Company.
An act for the benefit of Samuel T. Fife, constable of Grayson
county. •'
An act for the benefit of the children of John Mizner, deceased.
An act to amend the penal laws. ,
An act to appropriate a part of the vacant lands in T.aurel
county, to make a road from London to the mouth of Big Laurel
and for otlier purposes. ° ’
An act to regulate the terms of the Jefferson circuit and Old-
ham courts.
An act for the benefit of Acbilles Jasper, of Pulaski county.
An act to appropiiate some of the vacant lands in Butler coun-
ty, for the purpose of internal improvement in said county.
An act to establish a Medical Institute in the City of Louisville.
committee of enrolments, reported
that the committee had examined enrolled bills of the following
titles, and had found the same truly enrolled, viz;
An act to provide for improving the roads in the counties of
Jt loyd and Perry.
I'EH. 2.J HOUSE OF represent.
■ fmcnd tlic Jaw proJiibiting tlu
into thus CominonweaJtii. °
An act to amend tlic several acts against
. An act to amend tiie Jaw reguJating pr
ejectments, and forcibJe entries and
An act appropriating
creeJc road, in HarJan c
An act to incorporate
from tJie C ity of Eouisv
town, AlunfordsviJJe and
tion to NasJiville.
P®'’ balancing tJie
with the CommonweaJlh’s Panic.
I reambJe and resolutions i
gress by a single state of tlie
A resolution in relation to burn
BanJc of tJie CommonweaJtJi.
An act for the benetit of the children
An act to amend tJie penal Jaws.
An act to regulate the
ham courts.
An act for tJie benefit of Samuel T Fife
county.
An act to appropriate a part of the v
county to malce a road from London to tJie"
and tor other purposes.
An act to fix the t « . —
and the county courts of Morgan.
An act for tJie improvement of the
brand) of RougJi creeJe.
An act for the benefit of the heirs
phreys, deceased.
An act for tlie benefit of Arch T
relation to an arsenal for the
public arms and accoutrements.
ty forThl‘° ^^ome of the vacant land:
7) the puipose of internal i
An act for tJie benetit
■An act to alter the tin
■An act for tJie approp
. An act to regulate the circuit and
judicial district, and for other r--
An act to authorise the sale of
New-CastJe.
An act to establish a T’ f.
hereupon tJie SpeaJeer atJixed his
Order,J, That Mr. Triace ,ha‘Saie tteco?.
-- .....a ugaiiisi uniawlul gaming
aw reguJating proceedings in clses of
dues and detainers.
;rtmn lands for improving the Cannon
company, to estabJisJi a turnpiJee road
Ji of Salt river, EJizabeth-
0 the state line, in a direc-
accounts of the treasury
in relation to nullifying acts of Con-
ing a portion of the notes of the
of John Mizner, deceased.
terms of the Jefferson circuit and OJd-
!, constable of Grayson
vacant lands in I.aurel
-e mouth of Big Laurel,
ternis of the Trigg circuit and county courts
navigation of Big Caney,a
of the late Charles Hum^
Lewis, a free man of color.
' security of the
!s in Butler coun-
mprovement in said county,
of Achilles Jasper, of Pulaski county-,
homing the Spencer county court,
n of money.
..J county courts in the fifteenth
purposes.
- a public alley in the town of
Medical Institute in the city of Louisville,
signature thereto.
JOURNAL OF THE
by Mr. Sanders, Secretary of
the 98tb day of January
■ aled in this bouse,
the county of Henry.
Everett’s and Forman’s
Richardson and her children,
•oad leading from Lexington
;.,n- niirl Owinsfsville, to the
A message from the Gor^ernor,
Mr. Speaker:—The Governor did, on
past, approve and sign enrolled bills, wliicn oi ign c
of the follovring titles:
An act to establish an election preemet m
An act to change the places of voting m
bottom precincts, in F.mvis county.
An act for the beneiit of hanny
Resolutions in relation to the
through Winchester, Rlount Ster
mouth of Big vSandy. c ii„,,nno- titles-
And on the 30th of January, of follow mg title .
An -ict for the benefit of flora N. C. Harding.
An act to appoint additional justices of the peace in certain
'Tntcitlng an aSmmi justice of the peace to the coun-
\ ^^Uo'^authori^the^co^ of Hardin county to ap-
pofn? an inspector for West Point and Elizabethtown in said
ASict to allow an additional justice of the peace and consta-
/> ^Tr_nn aflflltlOIlcil iUStlCC of tllC
acV“ p7oviJe for .he fo.provceent of the ro,6s i„ cer.aie
“Ifaci to emend oo act entitled, »n net for the beneht of revo-
aS fo ametd net to impro.e the nnvigntion of Salt riv-
'’^’aJ 7c7to‘*nm7nd''the*hfw giving compensation to witnesses snd
to increase their mileage. p .
IrnS trtetnILlfr fol^htfol Thomns rrn.^
"S11S! “ot aS7f ^sper H,„to„.
On the 31st January,
An act to incorporate the City of Maysv ’ gpen-
An act providing for openmg a roa 1 f }
Feb. 2.] HOUSE OF REPRESENTATIVES. 508
All act to incorporate a Rail Road Company from BardstoM'ii
to Louisville.
An act to incorporate the Crittenden School, in the county of
FicUiklin, and tiie Now Providence School, in the county of Alercer.
An act supplementary to an act entitled, an act to establish tlie
town of laylorsville and to legalize the proceedings of the trus¬
tees of said town, approved, Jan. 22, 1833.
All act to amend an act entitled, an act to amend the law in
relation to opening and repairing the public roads in certain coun¬
ties, approved Jan. 29, 1830.
An act to establish an election precinct in Bourbon county.
An act for the benelit of Eliza Badger.
An act for the benelit of Joseph Norris, surveyor of Scott
county.
An act for the benefit of .Tacob Miller, of Simpson county.
An act to legalize the proceedings of tlie Court of Assessment
for the 31th Regiment of Kentucky Militia.
An act to authorise the insertion of advertisements in the Com-
moiuvealth.
An act to amend the law- imposing tax on merchandise.
An act to authorise the qualified votei-s of Hickman county to
select either Clinton or Moscow for the permanent seat of justice
for said county.
An act to provide for balancing the accounts of the Treasury
with the Bank of the (.iommonw'ealth.
An act to amend the penal laws.
And on this d ly. he appi-oved and signed enrolled bills and res¬
olutions, which originated in the same, of the following titles:
An act to estalilish the Louisville Bank of Kentucky.
An act to incorporate a company, to establish a turnpike road
from the city of Louisville, by tne mouth of Salt river, fdizabeth-
town, iSIunfordsvilh; and Bowlinggrecn, to the slate line, in the di¬
rection to Nashvillo.
A resolution in relation to burning the notes of the Bank of the
Commonwealth.
Preamble and resolutions relative to nullifying acts of Congress
by a single state of the union.
An act to lix the terms of the Trigg circuit and county courts
and the county courts of Morgan.
An act for the improvement of the navigation of Big Caney, a
branch of Rough creek.
A resolution in relation to an arsenal for the security of the pub¬
lic arms and accoutrements.
An act for the benelit of Arch Lewis, a man of colour.
An act for the benelit of tiie heirs of the late Charles Hum¬
phreys deceased.
An act lor the appropriation of money.
1
m
JOURNAL OF THE H. R.
[Feb, 2 .
An act to veguhite the circuit and county courts in the fifteenth
judicial district, and for other purposes.
An act to authorise the sale of a public alley in the town of
New-Castle.
An act to alter the time of holding the SpeiKjer county court.
Or lend, Tiiat the Clerk infoi'in tiie Senate thereof.
The Speaker liaviiig retired Mr. Kennedy was called to the
chair, when the following resolution, olfered by Mr. Shepherd,
was read and unanimously adopted, viz:
liesoloed, Ttiat die nieini ers of this house tender to .Foun J. Crit-
TEOTEV, lisa, their unfeigned approbatii n, for the courtc.sy, impartiali¬
ty and ability wi h which he lias discharged the duties of Speaker of
the House ot lleiiresentatives, during the present session.
Tile Speaker having returned to the house and resumed the
chair:
A message was received from the Senate announcing that the
Senate, having finislied their legislative htisincs.s, were now ready
to close the present session of the General Assembly, on their
part, by an adjournment without day; but were nevertheless dis¬
posed to remain in session until it should suit the views and con¬
venience of this house to adjourn ttlso; and that the Senate had
appointed a committee, on their part, to act in conjunction with
a committee to be appointed on the part of this house, to wait on
his Excellency, the Governor, tind inlbrm him of the intended ad¬
journment of the General Assembly, and to know whether he had
any further communication to make.
Ordered, That a message be sent to the Senate informing them
that this house, having finished their legishitive business, are now
ready to adjourn wdthout day; that Messrs. U. White, Cook and
Prince be a committee, on the part of this house, to act in con¬
junction with the committee appointed on the part of the Senate,
to wait on the Governor and inform him of the intended adjourn¬
ment of the General Assembly, and to know if he has any further
communication to make; and that Mr. White carry the said mes-
■sage.
The said committee then retired, and after a short time return¬
ed, when Mr. White reported that the joint committee had dis¬
charged the duty assigned them, and were informed by the Gov¬
ernor that he had no further communication to make; hut had in¬
structed them to tender to each member of the General Assem¬
bly his wishes for their individual health, happiness and prosperi¬
ty, and safe return to their families.
Whereupon, the Speaker, having delivered a valedictory and
congratulatory address, adjourned the house viilhout day.
Live Music
Archive
Librivox
Free Audio
Metropolitan Museum
Cleveland
Museum of Art
Internet
Arcade
Console Living Room
Open Library
American
Libraries
TV News
Understanding
9/11